Senate Amendments to S. 178, August 4, 2020, Page S4794 — Congressional Record
Summary
Page S4794 of the Senate section of the Congressional Record for August 4, 2020. It prints amendment text with emergency funding provisions, including $350,000,000 from the Trust Fund for grants to States under the Wagner-Peyser Act, available through June 30, 2021, and $150,000,000 for grants to States for youth workforce investment activities. Under Departmental Management, an additional amount of $15,600,000, available until September 30, 2022, is for responding to coronavirus, including enforcing worker protection laws and regulations. SA 2526, submitted by Toomey, is an amendment intended to be proposed to SA 2499 proposed by McConnell.
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“Senate Amendments to S. 178, August 4, 2020, Page S4794 — 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-pgs4794-2fb8ef2957/
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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’’,
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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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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4795
organizations, urban Indian health organiza- resentatives and the Senate required by Pub- shall be for Regional Biocontainment Lab-
tions, or health service providers to tribes, lic Law 116–94 within 180 days of enactment oratories: Provided further, That funding pro-
including to carry out surveillance, epidemi- of this Act and every 365 days thereafter vided in the previous proviso shall be divided
ology, laboratory capacity, infection con- until funds provided under this heading in evenly among the eleven laboratories: Pro-
trol, immunization activity, mitigation, this Act and in Public Law 116–136 for public vided further, That such amount is des-
communications, and other preparedness and health surveillance and data collection mod- ignated by the Congress as being for an
response activities: Provided further, That ernization are expended: Provided further, emergency requirement pursuant to section
the amounts included in the previous proviso That such report shall include an assessment 251(b)(2)(A)(i) of the Balanced Budget and
shall be allocated to States, localities, and of the progress State and territorial public Emergency Deficit Control Act of 1985.
territories according to the formula that ap- health lab grantees have had in meeting data EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE
plied to the Public Health Emergency Pre- modernization goals, an assessment of the OF CHILD HEALTH AND HUMAN DEVELOPMENT
paredness cooperative agreement in fiscal progress CDC internal public health data For an additional amount for ‘‘Eunice Ken-
year 2019: Provided further, That of the systems have had meeting data moderniza- nedy Shriver National Institute of Child
amount in the first proviso, not less than tion goals, and a detailed plan for CDC’s
$125,000,000 shall be allocated to tribes, tribal Health and Human Development’’,
long-term data modernization goals, includ- $172,680,000, to remain available until Sep-
organizations, urban Indian health organiza- ing how CDC will receive near real-time data
tions, or health service providers to tribes: tember 30, 2024, to prevent, prepare for, and
across the disease reporting platforms: Pro- respond to coronavirus, domestically or
Provided further, That the Director of the vided further, That funds appropriated under
Centers for Disease Control and Prevention internationally: Provided, That such amount
this heading in this Act may be used for is designated by the Congress as being for an
(‘‘CDC’’) may satisfy the funding thresholds grants for the rent, lease, purchase, acquisi-
outlined in the first and third provisos by emergency requirement pursuant to section
tion, construction, alteration, or renovation 251(b)(2)(A)(i) of the Balanced Budget and
making awards through other grant or coop- of non-federally owned facilities to improve
erative agreement mechanisms: Provided fur- Emergency Deficit Control Act of 1985.
preparedness and response capability at the
ther, That of the amount provided under this State, territorial, tribal, and local level: Pro- NATIONAL INSTITUTE OF MENTAL HEALTH
heading in this Act, up to $500,000,000 shall be vided further, That funds provided under this For an additional amount for ‘‘National In-
for activities to plan, prepare for, promote, heading in this Act may be used for purchase stitute of Mental Health’’, $200,000,000, to re-
distribute, administer, monitor, and track and insurance of official motor vehicles in main available until September 30, 2024, to
seasonal influenza vaccines to ensure broad- foreign countries: Provided further, That of prevent, prepare for, and respond to
based distribution, access, and vaccine cov- the amount provided under this heading in coronavirus, domestically or internation-
erage: Provided further, That funds provided this Act, $1,000,000 shall be to develop and ally: Provided, That such amount is des-
under this heading in this Act may reim- maintain a data system to be known as the ignated by the Congress as being for an
burse CDC obligations incurred for Public Safety Officer Suicide Reporting Sys- emergency requirement pursuant to section
coronavirus vaccine planning, preparation, tem, to collect data on the suicide incidence 251(b)(2)(A)(i) of the Balanced Budget and
promotion, and distribution prior to the en- among public safety officers; and facilitate Emergency Deficit Control Act of 1985.
actment of this Act: Provided further, That the study of successful interventions to re- NATIONAL INSTITUTE ON MINORITY HEALTH AND
CDC shall report to the Committees on Ap-
duce suicide among public safety officers: HEALTH DISPARITIES
propriations of the House of Representatives
Provided further, That such system shall be For an additional amount for ‘‘National In-
and the Senate within 60 days of enactment
integrated into the National Violent Death stitute on Minority Health and Health Dis-
of this Act on an enhanced seasonal influ-
Reporting System: Provided further, That parities’’, $64,334,000, to remain available
enza vaccination strategy to include nation-
amounts repurposed under this heading in until September 30, 2024, to prevent, prepare
wide vaccination goals and specific actions
this Act that were previously designated by for, and respond to coronavirus, domestically
that CDC will take to achieve such goals:
the Congress as an emergency requirement or internationally: Provided, That such
Provided further, That of the amount pro-
pursuant to the Balanced Budget and Emer- amount is designated by the Congress as
vided under this heading in this Act, not less
gency Deficit Control Act of 1985 are des- being for an emergency requirement pursu-
than $200,000,000 shall be for global disease
detection and emergency response to be co- ignated by the Congress as an emergency re- ant to section 251(b)(2)(A)(i) of the Balanced
ordinated with funds provided in Public Law quirement pursuant to section 251(b)(2)(A)(i) Budget and Emergency Deficit Control Act
116–123 and Public Law 116–136 to global dis- of the Balanced Budget and Emergency Def- of 1985.
ease detection and emergency response to icit Control Act of 1985: Provided further, NATIONAL CENTER FOR ADVANCING
support CDC-led global health security re- That such amount is designated by the Con- TRANSLATIONAL SCIENCES
sponse including CDC regional planning ef- gress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘National
forts: Provided further, That CDC shall pro- Center for Advancing Translational
vide an update to the global health security anced Budget and Emergency Deficit Control
Act of 1985. Sciences’’, $1,224,750,000, to remain available
report required in Public Law 116-94 within until September 30, 2024, to prevent, prepare
90 days of enactment of this Act that shall NATIONAL INSTITUTES OF HEALTH for, and respond to coronavirus, domestically
include a spend plan for funds appropriated NATIONAL HEART, LUNG, AND BLOOD INSTITUTE or internationally: Provided, That such
in the previous proviso and funds appro- For an additional amount for ‘‘National amount is designated by the Congress as
priated for global disease detection and Heart, Lung, and Blood Institute’’, being for an emergency requirement pursu-
emergency response in Public Law 116–123 $290,000,000, to remain available until Sep- ant to section 251(b)(2)(A)(i) of the Balanced
and Public Law 116–136: Provided further, tember 30, 2024, to prevent, prepare for, and Budget and Emergency Deficit Control Act
That such spend plan shall describe the re- respond to coronavirus, domestically or of 1985.
gions and countries that CDC will prioritize internationally: Provided, That such amount OFFICE OF THE DIRECTOR
and describe how CDC and USAID are coordi- is designated by the Congress as being for an
nating during planning and implementation: (INCLUDING TRANSFER OF FUNDS)
emergency requirement pursuant to section
Provided further, That within one year of en- 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Office of the
actment of this Act and every 365 days there- Emergency Deficit Control Act of 1985. Director’’, $12,905,337,000, to remain available
after until funds provided in the eighth pro- until September 30, 2024, to prevent, prepare
NATIONAL INSTITUTE OF DIABETES AND
viso in this paragraph and in Public Law 116– for, and respond to coronavirus, domestically
DIGESTIVE AND KIDNEY DISEASES
123 and Public Law 116–136 for global disease or internationally: Provided, That not less
detection and emergency response are ex- For an additional amount for ‘‘National In- than $10,100,000,000 of the amount provided
pended, CDC shall provide an evaluation out- stitute of Diabetes and Digestive and Kidney under this heading in this Act shall be for
lining how investments in countering global Diseases’’, $200,000,000, to remain available offsetting the costs related to reductions in
health threats, as well as investments made until September 30, 2024, to prevent, prepare lab productivity resulting from the
by region or country, as applicable, have im- for, and respond to coronavirus, domestically coronavirus pandemic or public health meas-
proved infectious disease response capability or internationally: Provided, That such ures related to the coronavirus pandemic:
in the region or country and additional amount is designated by the Congress as Provided further, That $1,325,337,000 of the
progress needed: Provided further, That of the being for an emergency requirement pursu- amount provided under this heading in this
amount provided under this heading in this ant to section 251(b)(2)(A)(i) of the Balanced Act shall be to support additional scientific
Act, not less than $200,000,000 shall be for Budget and Emergency Deficit Control Act research or the programs and platforms that
public health data surveillance and analytics of 1985. support research: Provided further, That
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modernization to be coordinated with funds NATIONAL INSTITUTE OF ALLERGY AND $1,240,000,000 of the amount provided under
provided in Public Law 116–136 to support INFECTIOUS DISEASES this heading in this Act shall be provided to
CDC-led data modernization efforts to im- For an additional amount for ‘‘National In- accelerate the research and development of
prove disease reporting across the country: stitute of Allergy and Infectious Diseases’’, therapeutic interventions and vaccines in
Provided further, That CDC shall update the $480,555,000, to remain available until Sep- partnership: Provided further, that no less
public health data surveillance and IT sys- tember 30, 2024, to prevent, prepare for, and than $240,000,000 of the amount provided
tems modernization report to the Commit- respond to coronavirus, domestically or under this heading in this Act shall be for
tees on Appropriations of the House of Rep- internationally: Provided, That $55,000,000 supplements to existing research training
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S4796 CONGRESSIONAL RECORD — SENATE August 4, 2020
awards for extensions and other costs: Pro- under this heading in this Act the Substance regard to requirements in sections
vided further, That funds available under this Abuse and Mental Health Services Adminis- 658E(c)(3)(D)–(E) or 658G of the Child Care
heading in this Act may be transferred to tration may waive requirements with respect and Development Block Grant Act: Provided,
the accounts of Institutes and Centers of the to allowable activities, timelines, or report- That funds provided under this heading in
NIH: Provided further, That this transfer au- ing requirements for the Substance Abuse this Act may be used to provide continued
thority is in addition to any other transfer Prevention and Treatment Block Grant and payments and assistance to child care pro-
authority available to the NIH: Provided fur- the Community Mental Health Services viders in the case of decreased enrollment or
ther, That the Director shall enter into an Block Grant as deemed necessary to facili- closures related to coronavirus, and to as-
agreement with the National Academies of tate a grantee’s response to coronavirus: Pro- sure they are able to remain open or reopen
Sciences, Engineering, and Medicine (‘‘Acad- vided further, That such amount is des- as appropriate and applicable: Provided fur-
emies’’) to develop a decision framework to ignated by the Congress as being for an ther, That States, Territories, and Tribes are
assist domestic and global health authorities emergency requirement pursuant to section encouraged to place conditions on payments
in planning an equitable allocation of 251(b)(2)(A)(i) of the Balanced Budget and to child care providers that ensure that child
coronavirus vaccines: Provided further, That Emergency Deficit Control Act of 1985. care providers use a portion of funds received
the Academies shall consider equity criteria to continue to pay the salaries and wages of
CENTERS FOR MEDICARE & MEDICAID SERVICES
which may include consideration of risk fac- staff: Provided further, That the Secretary
PROGRAM MANAGEMENT shall remind States that CCDBG State plans
tors related to health disparities and health
care access, underlying health conditions, For an additional amount for ‘‘Program do not need to be amended prior to utilizing
racial and ethnic minorities, higher-risk oc- Management’’, $150,000,000, to remain avail- existing authorities in the CCDBG Act for
cupations, first responders, geographic dis- able through September 30, 2023, to prevent, the purposes provided herein: Provided fur-
tribution of the virus, and vaccine hesitancy: prepare for, and respond to coronavirus, do- ther, That States, Territories, and Tribes are
Provided further, That the Academies shall mestically and internationally: Provided, authorized to use funds appropriated under
provide recommendations to the Advisory That amounts appropriated under this head- this heading in this Act to provide child care
Committee on Immunization Practices no ing in this Act shall be for Centers for Medi- assistance to health care sector employees,
later than September 18, 2020: Provided fur- care and Medicaid Services (‘‘CMS’’) strike emergency responders, sanitation workers,
ther, That the agreement shall include an on- teams for resident and employee safety in and other workers deemed essential during
going assessment of how vaccine distribution skilled nursing facilities and nursing facili- the response to coronavirus by public offi-
meets equity criteria and recommendations ties, including activities to support clinical cials, without regard to the income eligi-
for how vaccine distribution may better care, infection control, and staffing: Provided bility requirements of section 658P(4) of such
align with such criteria as applicable which further, That CMS shall provide a report to Act: Provided further, That funds appro-
the Committees on Appropriations of the priated under this heading in this Act shall
shall inform the Advisory Committee on Im-
House of Representatives and the Senate 30 be available to eligible child care providers
munization Practices prioritization rec-
days after enactment of this Act outlining a under section 658P(6) of the CCDBG Act, even
ommendations and vaccine distribution ac-
plan for executing strike team efforts, in- if such providers were not receiving CCDBG
tivities: Provided further, That such amount
cluding how safety and infection control assistance prior to the public health emer-
is designated by the Congress as being for an
measures will be assessed, how facilities will gency as a result of the coronavirus and any
emergency requirement pursuant to section
be chosen, and the frequency by which renewal of such declaration pursuant to such
251(b)(2)(A)(i) of the Balanced Budget and
skilled nursing facilities and nursing facili- section 319, for the purposes of cleaning and
Emergency Deficit Control Act of 1985.
ties will be visited: Provided further, That sanitation, and other activities necessary to
SUBSTANCE ABUSE AND MENTAL HEALTH maintain or resume the operation of pro-
CMS shall administer section 223 of Public
SERVICES ADMINISTRATION grams: Provided further, That payments made
Law 113–93 and consult with the Substance
HEALTH SURVEILLANCE AND PROGRAM SUPPORT Abuse and Mental Health Services Adminis- under this heading in this Act may be obli-
For an additional amount for ‘‘Heath Sur- tration, as necessary: Provided further, That gated in this fiscal year or the succeeding
veillance and Program Support’’, such amount is designated by the Congress two fiscal years: Provided further, That funds
$4,500,000,000, to remain available through as being for an emergency requirement pur- appropriated under this heading in this Act
September 30, 2021, to prevent, prepare for, suant to section 251(b)(2)(A)(i) of the Bal- may be made available to restore amounts,
and respond to coronavirus, domestically or anced Budget and Emergency Deficit Control either directly or through reimbursement,
internationally: Provided, That of the Act of 1985. for obligations incurred to prevent, prepare
amount appropriated under this heading in for, and respond to coronavirus, domestically
ADMINISTRATION FOR CHILDREN AND FAMILIES
this Act, $1,500,000,000 shall be for grants for or internationally, prior to the date of enact-
LOW INCOME HOME ENERGY ASSISTANCE ment of this Act: Provided further, That such
the substance abuse prevention and treat-
ment block grant program under subpart II For an additional amount for ‘‘Low Income amount is designated by the Congress as
of part B of title XIX of the Public Health Home Energy Assistance’’, $1,500,000,000, to being for an emergency requirement pursu-
Service Act (‘‘PHS Act’’): Provided further, remain available through September 30, 2021, ant to section 251(b)(2)(A)(i) of the Balanced
That of the amount appropriated under this to prevent, prepare for, or respond to Budget and Emergency Deficit Control Act
heading in this Act, $2,000,000,000 shall be for coronavirus, domestically or internation- of 1985.
grants for the community mental health ally, which shall be for making payments CHILDREN AND FAMILIES SERVICES PROGRAMS
services block grant program under subpart I under subsection (b) of section 2602 of the For an additional amount for ‘‘Children
of part B of title XIX of the PHS Act: Pro- Low-Income Home Energy Assistance Act of and Families Services Programs’’,
vided further, That of the amount appro- 1981 (42 U.S.C. 8621 et seq.): Provided, That of $190,000,000, to remain available through Sep-
priated in the previous proviso, the Assistant the amount provided under this heading in tember 30, 2021, to prevent, prepare for, and
Secretary is directed to provide no less than this Act, $375,000,000 shall be allocated as respond to coronavirus, domestically or
50 percent of funds directly to facilities de- though the total appropriation for such pay- internationally, including for Federal ad-
fined in section 1913(c) of the PHS Act: Pro- ments for fiscal year 2020 was less than ministrative expenses, which shall be used as
vided further, That of the amount appro- $1,975,000,000: Provided further, That section follows:
priated under this heading in this Act, not 2607(b)(2)(B) of such Act (42 U.S.C. (1) $65,000,000 for Family Violence Preven-
less than $600,000,000 is available for Certified 8626(b)(2)(B)) shall not apply to funds made tion and Services grants as authorized by
Community Behavioral Health Clinic Expan- available under this heading in this Act in section 303(a) and 303(b) of the Family Vio-
sion Grant program: Provided further, That of fiscal year 2020: Provided further, That such lence and Prevention and Services Act with
the amount appropriated under this heading amount is designated by the Congress as such funds available to grantees without re-
in this Act, not less than $50,000,000 shall be being for an emergency requirement pursu- gard to matching requirements under section
available for suicide prevention programs: ant to section 251(b)(2)(A)(i) of the Balanced 306(c)(4) of such Act, of which $2,000,000 shall
Provided further, That of the amount appro- Budget and Emergency Deficit Control Act be for the National Domestic Violence Hot-
priated under this heading in this Act, of 1985. line: Provided, That the Secretary may make
$100,000,000 shall be for activities and serv- PAYMENTS TO STATES FOR THE CHILD CARE AND such funds available for providing temporary
ices under Project AWARE: Provided further, DEVELOPMENT BLOCK GRANT housing and assistance to victims of family,
That of the amount appropriated under this For an additional amount for ‘‘Payments domestic, and dating violence;
heading in this Act, not less than $250,000,000 to States for the Child Care and Develop- (2) $75,000,000 for child welfare services as
is available for activities authorized under ment Block Grant’’, $5,000,000,000, to remain authorized by subpart 1 of part B of title IV
section 501(o) of the PHS Act: Provided fur- available through September 30, 2021, to pre- of the Social Security Act (other than sec-
SSpencer on DSK126QN23PROD with SENATE
ther, That from within the amount appro- vent, prepare for, and respond to tions 426, 427, and 429 of such subpart), with
priated under this heading in this Act in the coronavirus, domestically or internation- such funds available to grantees without re-
previous provisos, a total of not less than ally, including for Federal administrative gard to matching requirements under section
$15,000,000 shall be allocated to tribes, tribal expenses, which shall be used to supplement, 424(a) of that Act or any applicable reduc-
organizations, urban Indian health organiza- not supplant State, Territory, and Tribal tions in Federal financial participation
tions, or health or behavioral health service general revenue funds for child care assist- under section 424(f) of that Act; and
providers to tribes: Provided further, That ance for low-income families within the (3) $50,000,000 for necessary expenses for
with respect to the amount appropriated United States (including territories) without community-based grants for the prevention
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4797
of child abuse and neglect under section 209 opmental Disabilities Education, Research, essary expenses of manufacturing, produc-
of the Child Abuse Prevention and Treat- and Service as authorized under section tion, and purchase, at the discretion of the
ment Act, which the Secretary shall make 151(c) of such Act (except that the reserva- Secretary, of vaccines, therapeutics,
available without regard to section 203(b)(1) tions under section 156(a)(3)(B) of such Act diagnostics, and small molecule active phar-
and 204(4) of such Act: shall not apply): Provided further, That of the maceutical ingredients, including the devel-
Provided further, That funds appropriated amount made available under this heading in opment, translation, and demonstration at
under this heading in this Act may be made this Act, $5,000,000 shall be for activities au- scale of innovations in manufacturing plat-
available to restore amounts, either directly thorized in the Assistive Technology Act of forms: Provided further, That funds in the
or through reimbursement, for obligations 2004: Provided further, That such amount is previous proviso may be used for the con-
incurred to prevent, prepare for, and respond designated by the Congress as being for an struction or renovation of U.S.-based next
to coronavirus, domestically or internation- emergency requirement pursuant to section generation manufacturing facilities, other
ally, prior to the date of enactment of this 251(b)(2)(A)(i) of the Balanced Budget and than facilities owned by the United States
Act: Provided further, That such amount is Emergency Deficit Control Act of 1985. Government: Provided further, That of the
designated by the Congress as being for an OFFICE OF THE SECRETARY amount provided under this heading in this
emergency requirement pursuant to section PUBLIC HEALTH AND SOCIAL SERVICES Act, $6,000,000,000 shall be for activities to
251(b)(2)(A)(i) of the Balanced Budget and EMERGENCY FUND plan, prepare for, promote, distribute, ad-
Emergency Deficit Control Act of 1985. minister, monitor, and track coronavirus
(INCLUDING TRANSFER OF FUNDS)
vaccines to ensure broad-based distribution,
BACK TO WORK CHILD CARE GRANTS For an additional amount for ‘‘Public access, and vaccine coverage: Provided fur-
For an additional amount for ‘‘Back to Health and Social Services Emergency ther, That the Secretary shall coordinate
Work Child Care Grants’’, $10,000,000,000, to Fund’’, $29,000,000,000, to remain available funding and activities outlined in the pre-
remain available through September 30, 2021, until September 30, 2024, to prevent, prepare vious proviso through the Director of CDC:
to prevent, prepare for, and respond to for, and respond to coronavirus, domestically Provided further, That the Secretary, through
coronavirus, domestically or internation- or internationally, including the develop- the Director of CDC, shall report to the Com-
ally, which shall be for activities to carry ment of necessary countermeasures and vac- mittees on Appropriations of the House of
out Back to Work Child Care Grants to cines, prioritizing platform-based tech- Representatives and the Senate within 60
qualified child care providers, for a transi- nologies with U.S.-based manufacturing ca- days of enactment of this Act on a com-
tion period of not more than 9 months to as- pabilities, the purchase of vaccines, thera- prehensive coronavirus vaccine distribution
sist in paying for fixed costs and increased peutics, diagnostics, necessary medical sup- strategy and spend plan that includes how
operating expenses due to COVID–19, and to plies, as well as medical surge capacity, ad- existing infrastructure will be leveraged, en-
reenroll children in an environment that dressing blood supply chain, workforce mod- hancements or new infrastructure that may
supports the health and safety of children ernization, telehealth access and infrastruc- be built, considerations for moving and stor-
and staff: Provided, That such amount is des- ture, initial advanced manufacturing, novel ing vaccines, guidance for how States and
ignated by the Congress as being for an dispensing, enhancements to the U.S. Com- health care providers should prepare for,
emergency requirement pursuant to section missioned Corps, and other preparedness and store, and administer vaccines, nationwide
251(b)(2)(A)(i) of the Balanced Budget and response activities: Provided, That funds ap- vaccination targets, funding that will be dis-
Emergency Deficit Control Act of 1985. propriated under this paragraph in this Act tributed to States, how an informational
may be used to develop and demonstrate in- campaign to both the public and health care
ADMINISTRATION FOR COMMUNITY LIVING
novations and enhancements to manufac- providers will be executed, and how the vac-
AGING AND DISABILITY SERVICES PROGRAMS turing platforms to support such capabili- cine distribution plan will focus efforts on
For an additional amount for ‘‘Aging and ties: Provided further, That the Secretary of high risk, underserved, and minority popu-
Disability Services Programs’’, $75,000,000, to Health and Human Services shall purchase lations: Provided further, That such plan
remain available until September 30, 2021, to vaccines developed using funds made avail- shall be updated and provided to the Com-
prevent, prepare for, and respond to able under this paragraph in this Act to re- mittees on Appropriations of the House of
coronavirus, domestically or internation- spond to an outbreak or pandemic related to Representatives and the Senate 90 days after
ally: Provided, That of the amount made coronavirus in quantities determined by the submission of the first plan: Provided further,
available under this heading in this Act to Secretary to be adequate to address the pub- That the Secretary shall notify the Commit-
prevent, prepare for, and respond to lic health need: Provided further, That prod- tees on Appropriations of the House of Rep-
coronavirus, $58,000,000 shall be for activities ucts purchased by the Federal government resentatives and the Senate 2 days in ad-
authorized under the Older Americans Act of with funds made available under this para- vance of any obligation in excess of
1965 (‘‘OAA’’), including $3,000,000 to imple- graph in this Act, including vaccines, thera- $50,000,000, including but not limited to con-
ment a demonstration program on strategies peutics, and diagnostics, shall be purchased tracts and interagency agreements, from
to recruit, retain, and advance direct care in accordance with Federal Acquisition Reg- funds provided in this paragraph in this Act:
workers under section 411(a)(13) of the OAA; ulation guidance on fair and reasonable pric- Provided further, That funds appropriated
$35,000,000 for supportive services under part ing: Provided further, That the Secretary may under this paragraph in this Act may be used
B of title III of the OAA; and $20,000,000 for take such measures authorized under current for the construction, alteration, or renova-
support services for family caregivers under law to ensure that vaccines, therapeutics, tion of non-federally owned facilities for the
part E of title III of the OAA: Provided fur- and diagnostics developed from funds pro- production of vaccines, therapeutics,
ther, That of the amount made available vided in this title will be affordable in the diagnostics, and medical supplies where the
under this heading in this Act, $10,000,000 commercial market: Provided further, That in Secretary determines that such a contract is
shall be available to support protection and carrying out the previous proviso, the Sec- necessary to secure sufficient amounts of
advocacy systems, as described under sub- retary shall not take actions that delay the such supplies: Provided further, That the not
title C of title I of the Developmental Dis- development of such products: Provided fur- later than 30 days after enactment of this
abilities Assistance and Bill of Rights Act of ther, That the Secretary shall ensure that Act, and every 30 days thereafter until funds
2000 (42 U.S.C. 15041 et seq.): Provided further, protections remain for individuals enrolled are expended, the Secretary shall report to
That of the amount made available under in group or individual health care coverage the Committees on Appropriations of the
this heading in this Act, $2,000,000 shall be with pre-existing conditions, including those House of Representatives and the Senate on
for training, technical assistance, and re- linked to coronavirus: Provided further, That uses of funding for Operation Warp Speed,
source centers authorized under sections products purchased with funds appropriated detailing current obligations by Department
202(a) and 411 of the OAA; training and tech- under this paragraph in this Act may, at the or Agency, or component thereof broken out
nical assistance to centers for independent discretion of the Secretary of Health and by the coronavirus supplemental appropria-
living as authorized under section 721(b) of Human Services, be deposited in the Stra- tions Act that provided the source of funds:
the Rehabilitation Act of 1973 (except that tegic National Stockpile under section 319F– Provided further, That the plan outlined in
the reservations under paragraph (1) of such 2 of the Public Health Service Act: Provided the previous proviso shall include funding by
section shall not apply); technical assistance further, That of the amount appropriated contract, grant, or other transaction in ex-
by the Secretary of Health and Human Serv- under this paragraph in this Act, not more cess of $20,000,000 with a notation of which
ices (‘‘Secretary’’) to State Councils on De- than $2,000,000,000 shall be for the Strategic Department or Agency, and component
velopmental Disabilities as authorized under National Stockpile under section 319F–2(a) of thereof is managing the contract: Provided
subtitle B of title I of the Developmental such Act: Provided further, That funds appro- further, That such amount is designated by
Disabilities Assistance and Bill of Rights Act priated under this paragraph in this Act may the Congress as being for an emergency re-
SSpencer on DSK126QN23PROD with SENATE
of 2000 (except that the reservations under be transferred to, and merged with, the fund quirement pursuant to section 251(b)(2)(A)(i)
section 129(b) of such Act shall not apply); authorized by section 319F–4, the Covered of the Balanced Budget and Emergency Def-
technical assistance by the Secretary to pro- Counter measure Process Fund, of the Public icit Control Act of 1985.
tection and advocacy systems as authorized Health Service Act: Provided further, That of For an additional amount for ‘‘Public
under subtitle C of such title (except that the amount appropriated under this para- Health and Social Services Emergency
the limits under section 142(a)(6) of such Act graph in this Act, $20,000,000,000 shall be Fund’’, $8,085,000,000, to remain available
shall not apply); and technical assistance to available to the Biomedical Advanced Re- until September 30, 2022, to prevent, prepare
University Centers for Excellence in Devel- search and Development Authority for nec- for, and respond to coronavirus, domestically
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S4798 CONGRESSIONAL RECORD — SENATE August 4, 2020
or internationally: Provided, That For an additional amount for ‘‘Public Fund’’, $25,000,000,000, to remain available
$7,600,000,000 of the funds appropriated under Health and Social Services Emergency until expended, to prevent, prepare for, and
this paragraph in this Act shall be trans- Fund’’, $16,000,000,000, to remain available respond to coronavirus, domestically or
ferred to ‘‘Health Resources and Services Ad- until expended, to prevent, prepare for, and internationally, which shall be for necessary
ministration—Primary Health Care’’ for respond to coronavirus, domestically or expenses to reimburse, through grants or
grants, cooperative agreements, and other internationally, which shall be for necessary other mechanisms, eligible health care pro-
necessary expenses under the Health Centers expenses for testing, contact tracing, sur- viders for health care related expenses or
Program, as defined by section 330 of the veillance, containment, and mitigation to lost revenues that are attributable to
PHS Act, including funding for alteration, monitor and suppress COVID–19, including coronavirus: Provided, That these funds may
renovation, construction, equipment, and tests for both active infection and prior ex- not be used to reimburse expenses or losses
other capital improvement costs, and includ- posure, including molecular, antigen, and se- that have been reimbursed from other
ing funding to support, maintain, or increase rological tests, the manufacturing, procure- sources or that other sources are obligated
health center capacity and staffing levels, as ment and distribution of tests, testing equip- to reimburse: Provided further, That recipi-
necessary, to meet the needs of areas af- ment and testing supplies, including per- ents of payments under this paragraph shall
fected by coronavirus: Provided further, That sonal protective equipment needed for ad- submit reports and maintain documentation
sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), ministering tests, the development and vali- as the Secretary determines are needed to
and 330(e)(6)(B)(iii) of the PHS Act shall not dation of rapid, molecular point-of-care ensure compliance with conditions that are
apply to funds in the preceding proviso: Pro- tests, and other tests, support for workforce, imposed by this paragraph for such pay-
vided further, That funding made available epidemiology, to scale up academic, commer-
ments, and such reports and documentation
under this paragraph in this Act shall not be cial, public health, and hospital laboratories,
shall be in such form, with such content, and
subject to requirements under the National to conduct surveillance and contact tracing,
in such time as the Secretary may prescribe
Environmental Policy Act of 1969 or the Na- support development of COVID–19 testing
for such purpose: Provided further, That ‘‘eli-
tional Historic Preservation Act of 1966: Pro- plans, and other related activities related to
gible health care providers’’ means public
vided further, That for the purposes of any COVID–19 testing: Provided, That of the
entities, Medicare or Medicaid enrolled sup-
funding provided for fiscal year 2020 for the amount appropriated under this paragraph in
Health Centers Program pursuant to section this Act, not less than $15,000,000,000 shall be pliers and providers, and such for-profit enti-
330 of the PHS Act (42 U.S.C. 254b), maintain- for States, localities, territories, tribes, trib- ties and not-for-profit entities not otherwise
ing current health center capacity and staff- al organizations, urban Indian health organi- described in this proviso as the Secretary
ing levels during a public health emergency zations, or health service providers to tribes may specify, within the United States (in-
as a result of the coronavirus and any re- for necessary expenses for testing, contact cluding territories), that provide diagnoses,
newal of such declaration pursuant to such tracing, surveillance, containment, and miti- testing, or care for individuals with possible
section 319 shall be deemed a cost of preven- gation, including support for workforce, epi- or actual cases of COVID–19: Provided further,
tion, diagnosis, and treatment of demiology, use by employers, elementary That the Secretary of Health and Human
coronavirus: Provided further, That and secondary schools, child care facilities, Services shall, on a rolling basis, review ap-
$250,000,000 of the funds appropriated under institutions of higher education, long-term plications and make payments under this
this paragraph in this Act shall be trans- care facilities, or in other settings, scale up paragraph in this Act: Provided further, That
ferred to ‘‘Health Resources and Services Ad- of testing by public health, academic, com- funds appropriated under this paragraph in
ministration—Bureau of Health Workforce’’, mercial, and hospital laboratories, and com- this Act shall be available for building or
to remain available until September 30, 2022, munity-based testing sites, health care fa- construction of temporary structures, leas-
for supplements to existing payments under cilities, and other entities engaged in ing of properties, medical supplies and equip-
subsections 340E(a) and (h)(1) notwith- COVID–19 testing, and other related activi- ment including personal protective equip-
standing the cap imposed by subsection (h)(1) ties related to COVID–19 testing, contact ment and testing supplies, increased work-
and notwithstanding subsection (h)(6), for tracing, surveillance, containment, and miti- force and trainings, emergency operation
Children’s Hospitals Graduate Medical Edu- gation: Provided further, That the amount centers, retrofitting facilities, and surge ca-
cation, to prevent, prepare for, and respond identified in the preceding proviso shall be pacity: Provided further, That, in this para-
to coronavirus, domestically or internation- allocated to States, localities, and terri- graph, the term ‘‘payment’’ means a pre-pay-
ally: Provided further, That $5,000,000 of the tories according to the formula that applied ment, prospective payment, or retrospective
funds appropriated under this paragraph in to the Public Health Emergency Prepared- payment, as determined appropriate by the
this Act shall be transferred to ‘‘Health Re- ness cooperative agreement in fiscal year Secretary: Provided further, That payments
sources and Services Administration—Health 2019: Provided further, That not less than under this paragraph shall be made in con-
Care Systems’’, to remain available until $500,000,000 shall be allocated in coordination sideration of the most efficient payment sys-
September 30, 2022, for activities under sec- with the Director of the Indian Health Serv- tems practicable to provide emergency pay-
tions 1271 and 1273 of the PHS Act to improve ice, to tribes, tribal organizations, urban In- ment: Provided further, That to be eligible for
the capacity of poison control centers to re- dian health organizations, or health service a payment under this paragraph, an eligible
spond to increased calls: Provided further, providers to tribes: Provided further, That the health care provider shall submit to the Sec-
That of the amount appropriated under this Secretary of Health and Human Services (re- retary of Health and Human Services an ap-
paragraph in this Act, $225,000,000 shall be for ferred to in this paragraph as the ‘‘Sec- plication that includes a statement justi-
grants or other mechanisms, to rural health retary’’) may satisfy the funding thresholds fying the need of the provider for the pay-
clinics as defined in section 1861(aa)(2) of the outlined in the first and third provisos under ment and the eligible health care provider
Social Security Act with such funds also this paragraph in this Act by making awards shall have a valid tax identification number:
available to such entities for building or con- through other grant or cooperative agree- Provided further, That, not later than 3 years
struction of temporary structures, leasing of ment mechanisms: Provided further, That the after final payments are made under this
properties, and retrofitting facilities as nec- Governor or designee of each State, locality, paragraph, the Office of Inspector General of
essary to support COVID–19 testing: Provided territory, tribe, or tribal organization re- the Department of Health and Human Serv-
further, That such funds shall be distributed ceiving funds pursuant to this title shall up- ices shall transmit a final report on audit
using the procedures developed for the Pro- date their plans, as applicable, for COVID–19 findings with respect to this program to the
vider Relief Fund authorized under the third testing and contact tracing submitted to the Committees on Appropriations of the House
paragraph under this heading in division B of Secretary pursuant to the Paycheck Protec- of Representatives and the Senate: Provided
the Coronavirus Aid, Relief, and Economic tion Program and Health Care Enhancement further, That nothing in this section limits
Security Act (Public Law 116–136); may be Act (Public Law 116–139) and submit such up- the authority of the Inspector General or the
distributed using contracts or agreements dates to the Secretary not later than 60 days Comptroller General to conduct audits of in-
established for such program; and shall be after funds appropriated in this paragraph in terim payments at an earlier date: Provided
subject to the process requirements applica- this Act have been awarded to such recipi- further, That not later than 60 days after the
ble to such program: Provided further, That ent: Provided further, That funds an entity date of enactment of this Act, the Secretary
the Secretary may specify a minimum receives from amounts described in the first of Health and Human Services shall provide
amount for each eligible entity accepting as- proviso in this paragraph may also be used a report to the Committees on Appropria-
sistance under the two previous provisos: for the rent, lease, purchase, acquisition, tions of the House of Representatives and
Provided further, That of the amount made construction, alteration, renovation, or the Senate on obligation of funds, including
available under this heading in this Act to equipping of non-federally owned facilities to obligations to such eligible health care pro-
prevent, prepare for, and respond to improve coronavirus preparedness and re- viders summarized by State of the payment
SSpencer on DSK126QN23PROD with SENATE
coronavirus, $5,000,000, shall be available to sponse capability at the State and local receipt: Provided further, That such reports
implement section 747A of the PHS Act and level: Provided further, That such amount is shall be updated and submitted to such Com-
section 747A(c) shall not apply to these designated by the Congress as being for an mittees every 60 days until funds are ex-
funds: Provided further, That such amount is emergency requirement pursuant to section pended: Provided further, That such amount
designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and is designated by the Congress as being for an
emergency requirement pursuant to section Emergency Deficit Control Act of 1985. emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. Health and Social Services Emergency Emergency Deficit Control Act of 1985.
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4799
GENERAL PROVISIONS lated and accrued annual leave under section Subtitle C—Education
(INCLUDING TRANSFER OF FUNDS) 5551 or section 5552 of title 5, United States DEPARTMENT OF EDUCATION
SEC. ll10. Funds appropriated by this Code. EDUCATION STABILIZATION FUND
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-
positions to perform critical work relating effective as if enacted on the date of enact-
ally: Provided, That such amount is des-
to coronavirus for which— ment of such paragraph.
SEC. ll14. Funds appropriated by this ignated by the Congress as being for an
(1) public notice has been given; and emergency requirement pursuant to section
subtitle to the heading ‘‘Department of
(2) the Secretary of Health and Human 251(b)(2)(A)(i) of the Balanced Budget and
Health and Human Services’’ except for the
Services has determined that such a public Emergency Deficit Control Act of 1985.
amounts specified in the third, and fourth
health threat exists. GENERAL PROVISIONS
paragraphs under the heading ‘‘Public
SEC. ll11. Funds made available by this EDUCATION STABILIZATION FUND
subtitle may be used to enter into contracts Health and Social Services Emergency
with individuals for the provision of personal Fund’’, may be transferred to, and merged SEC. ll21. (a) ALLOCATIONS.—From the
services (as described in section 104 of part 37 with, other appropriation accounts under the amount made available under this heading in
headings ‘‘Centers for Disease Control and this Act to carry out the Education Sta-
of title 48, Code of Federal Regulations (48
Prevention’’, ‘‘Public Health and Social bilization Fund, the Secretary shall first al-
CFR 37.104)) to support the prevention of,
Services Emergency Fund’’, ‘‘Administration locate—
preparation for, or response to coronavirus,
for Children and Families’’, ‘‘Administration (1) not more than one half of 1 percent to
domestically and internationally, subject to
for Community Living’’, and ‘‘National Insti- the outlying areas on the basis of the terms
prior notification to the Committees on Ap-
tutes of Health’’ to prevent, prepare for, and and conditions for funding provided under
propriations of the House of Representatives
respond to coronavirus following consulta- this heading in the Coronavirus Aid, Relief,
and the Senate: Provided, That such individ-
tion with the Office of Management and and Economic Security (CARES) Act (Public
uals may not be deemed employees of the
Budget: Provided, That the Committees on Law 116–136); and
United States for the purpose of any law ad-
Appropriations of the House of Representa- (2) one-half of 1 percent for the Secretary
ministered by the Office of Personnel Man-
tives and the Senate shall be notified 10 days of the Interior for programs operated or
agement: Provided further, That the author-
in advance of any such transfer: Provided fur- funded by the Bureau of Indian Education,
ity made available pursuant to this section
ther, That, upon a determination that all or under the terms and conditions established
shall expire on September 30, 2024.
SEC. ll12. (a) If services performed by an part of the funds transferred from an appro- for funding provided under this heading in
employee during 2020 are determined by the priation by this subtitle are not necessary, the CARES Act (Public Law 116–136).
such amounts may be transferred back to (b) RESERVATIONS.—After carrying out sub-
head of the agency to be primarily related to
that appropriation: Provided further, That section (a), the Secretary shall reserve the
preparation, prevention, or response to
none of the funds made available by this sub- remaining funds made available as follows:
coronavirus, any premium pay for such serv-
title may be transferred pursuant to the au- (1) 5 percent to carry out section ll22 of
ices shall be disregarded in calculating the
thority in section 205 of division A of Public this title.
aggregate of such employee’s basic pay and
Law 116–94 or section 241(a) of the PHS Act. (2) 67 percent to carry out section ll23 of
premium pay for purposes of a limitation
SEC. ll15. Of the funds appropriated by this title.
under section 5547(a) of title 5, United States
this subtitle under the heading ‘‘Public (3) 28 percent to carry out section ll24 of
Code, or under any other provision of law,
Health and Social Services Emergency this title.
whether such employee’s pay is paid on a bi-
Fund’’, up to $6,000,000 shall be transferred GOVERNOR’S EMERGENCY EDUCATION RELIEF
weekly or calendar year basis.
(b) Any overtime pay for such services to, and merged with, funds made available FUND
shall be disregarded in calculating any an- under the heading ‘‘Office of the Secretary, SEC. ll22. (a) GRANTS.—From funds re-
nual limit on the amount of overtime pay Office of Inspector General’’, and shall re- served under section ll21(b)(1) of this title,
payable in a calendar or fiscal year. main available until expended, for oversight the Secretary shall make supplemental
(c) With regard to such services, any pay of activities supported with funds appro- Emergency Education Relief grants to the
that is disregarded under either subsection priated to the Department of Health and Governor of each State with an approved ap-
(a) or (b) shall be disregarded in calculating Human Services to prevent, prepare for, and plication under section 18002 of division B of
such employee’s aggregate pay for purposes respond to coronavirus, domestically or the CARES Act (Public Law 116–136). The
of the limitation in section 5307 of such title internationally: Provided, That the Inspector Secretary shall award funds under this sec-
5. General of the Department of Health and tion to the Governor of each State with an
(d)(1) Pay that is disregarded under sub- Human Services shall consult with the Com- approved application within 30 calendar days
section (a) or (b) shall not cause the aggre- mittees on Appropriations of the House of of enactment of this Act.
gate of the employee’s basic pay and pre- Representatives and the Senate prior to obli- (b) ALLOCATIONS.—The amount of each
mium pay for the applicable calendar year to gating such funds: Provided further, That the grant under subsection (a) shall be allocated
exceed the rate of basic pay payable for a po- transfer authority provided by this section is by the Secretary to each State as follows:
sition at level II of the Executive Schedule in addition to any other transfer authority (1) 60 percent on the basis of their relative
under section 5313 of title 5, United States provided by law. population of individuals aged 5 through 24.
Code, as in effect at the end of such calendar SEC. ll16. Funds made available in Public (2) 40 percent on the basis of their relative
year. Law 113–235 to the accounts of the National number of children counted under section
(2) For purposes of applying this subsection Institutes of Health that were available for 1124(c) of the Elementary and Secondary
to an employee who would otherwise be sub- obligation through fiscal year 2015 are to re- Education Act of 1965 (referred to under this
ject to the premium pay limits established main available through fiscal year 2021 for heading as ‘‘ESEA’’).
under section 5547 of title 5, United States the liquidation of valid obligations incurred (c) USES OF FUNDS.—Grant funds awarded
Code, ‘‘premium pay’’ means the premium in fiscal year 2015: Provided, That such under subsection (b) may be used to—
pay paid under the provisions of law cited in amount is designated by the Congress as (1) provide emergency support through
section 5547(a). being for an emergency requirement pursu- grants to local educational agencies that the
(3) For purposes of applying this subsection ant to section 251(b)(2)(A)(i) of the Balanced State educational agency deems have been
to an employee under a premium pay limit Budget and Emergency Deficit Control Act most significantly impacted by coronavirus
established under an authority other than of 1985. to support the ability of such local edu-
section 5547 of title 5, United States Code, SEC. ll17. Section 675B(b)(3) of the Com- cational agencies to continue to provide edu-
the agency responsible for administering munity Services Block Grant Act (42 U.S.C. cational services to their students and to
such limit shall determine what payments 9906(b)(3)) shall not apply with respect to support the on-going functionality of the
are considered premium pay. funds appropriated by the Coronavirus Aid, local educational agency;
(e) This section shall take effect as if en- Relief, and Economic Security Act (Public (2) provide emergency support through
acted on February 2, 2020. Law 116–136) to carry out the Community grants to institutions of higher education
(f) If application of this section results in Services Block Grant Act (42 U.S.C. 9901 et serving students within the State that the
the payment of additional premium pay to a seq.): Provided, That the amounts repurposed Governor determines have been most signifi-
SSpencer on DSK126QN23PROD with SENATE
covered employee of a type that is normally in this section that were previously des- cantly impacted by coronavirus to support
creditable as basic pay for retirement or any ignated by the Congress as an emergency re- the ability of such institutions to continue
other purpose, that additional pay shall quirement pursuant to the Balanced Budget to provide educational services and support
not— and Emergency Deficit Control Act of 1985 the on-going functionality of the institution;
(1) be considered to be basic pay of the cov- are designated by the Congress as an emer- and
ered employee for any purpose; or gency requirement pursuant to section (3) provide support to any other institution
(2) be used in computing a lump-sum pay- 251(b)(2)(A)(i) of the Balanced Budget and of higher education, local educational agen-
ment to the covered employee for accumu- Emergency Deficit Control Act of 1985. cy, or education related entity within the
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S4800 CONGRESSIONAL RECORD — SENATE August 4, 2020
State that the Governor deems essential for quirements in subparagraphs (A) through (G) Planning for and coordinating during
carrying out emergency educational services (C). long-term closures, including for how to pro-
to students for authorized activities de- (A) A local educational agency that pro- vide meals to eligible students, how to pro-
scribed in section ll23(e) of this title, the vides in-person instruction for at least 50 vide technology for online learning to all
ESEA of 1965, the Higher Education Act of percent of its students where the students students, how to provide guidance for car-
1965, the provision of child care and early physically attend school no less than 50 per- rying out requirements under the Individuals
childhood education, social and emotional cent of each school-week, as it was defined with Disabilities Education Act (20 U.S.C.
support, career and technical education, by the local educational agency prior to the 1401 et seq.) and how to ensure other edu-
adult education, and the protection of edu- coronavirus emergency, shall have its plan cational services can continue to be provided
cation-related jobs. automatically approved. consistent with all Federal, State, and local
(d) REALLOCATION.—Each Governor shall (B) A local educational agency that does requirements.
return to the Secretary any funds received not provide in-person instruction to any stu- (H) Purchasing educational technology (in-
under this section that the Governor does dents where the students physically attend cluding hardware, software, and
not award within 6 months of receiving such school in-person shall not be eligible to re- connectivity) for students who are served by
funds and the Secretary shall reallocate such ceive a subgrant under paragraph (2). the local educational agency or non-public
funds to the remaining States in accordance (C) A local educational agency that pro- school that aids in regular and substantive
with subsection (b). vides in-person instruction to at least some educational interaction between students
(e) REPORT.—A Governor receiving funds students where the students physically at- and their classroom instructors, including
under this section shall submit a report to tend school in-person but does not satisfy low-income students and students with dis-
the Secretary, not later than 6 months after the requirements in subparagraph (A) shall abilities, which may include assistive tech-
receiving funding provided in this title, in have its allocation reduced on a pro rata nology or adaptive equipment.
such manner and with such subsequent fre- basis as determined by the Governor. (I) Expanding healthcare and other health
quency as the Secretary may require, that (d) PLAN CONTENTS.—A school reopening services (including mental health services
provides a detailed accounting of the use of plan submitted to a Governor under sub- and supports), including for children at risk
funds provided under this section. section (c)(2) shall include, in addition to of abuse or neglect.
ELEMENTARY AND SECONDARY SCHOOL any other information necessary to meet the (J) Planning and implementing activities
related to summer learning and supple-
EMERGENCY RELIEF FUND criteria determined by the Governor—
mental afterschool programs, including pro-
SEC. ll23. (a) GRANTS.—From funds re- (1) A detailed timeline for when the local
viding classroom instruction or online learn-
served under section ll21(b)(2) of this title, educational agency will provide in-person in-
ing during the summer months and address-
the Secretary shall make supplemental ele- struction, including the goals and criteria
ing the needs of low-income students, stu-
mentary and secondary school emergency re- used for providing full-time in-person in-
dents with disabilities, English learners, mi-
lief grants to each State educational agency struction to all students;
grant students, students experiencing home-
with an approved application under section (2) A description of how many days of in-
lessness, and children in foster care.
18003 of division B of the CARES Act (Public person instruction per calendar week the
(2) A local educational agency that re-
Law 116–136). The Secretary shall award local educational agency plans to offer to
ceives funds under subsection (c)(2) may use
funds under this section to each State edu- students during the 2020–2021 school year; the funds for activities to carry out a com-
cational agency with an approved applica- and prehensive school reopening plan as de-
tion within 15 calendar days of enactment of (3) An assurance that the local educational scribed in this section, including:
this Act. agency will offer students as much in-person (A) Purchasing personal protective equip-
(b) ALLOCATIONS TO STATES.—The amount instruction as is safe and practicable, con- ment, implementing flexible schedules to
of each grant under subsection (a) shall be sistent with maintaining safe and contin- keep children in isolated groups, purchasing
allocated by the Secretary to each State in uous operations aligned with challenging box lunches so that children can eat in their
the same proportion as each State received state academic standards. classroom, purchasing physical barriers, pro-
under part A of title I of the ESEA of 1965 in (e) USES OF FUNDS.— viding additional transportation services,
the most recent fiscal year. (1) A local educational agency or non-pub- repurposing existing school rooms and space,
(c) SUBGRANTS.—From the payment pro- lic school that receives funds under sub- and improving ventilation systems.
vided by the Secretary under subsection (b), section (c)(1) or section ll25 may use funds (B) Developing and implementation of pro-
the State educational agency shall provide for any of the following: cedures and systems to improve the pre-
services and assistance to local educational (A) Activities to support returning to in- paredness and response efforts of local edu-
agencies and non-public schools, consistent person instruction, including purchasing per- cational agencies or non-public schools, in-
with the provisions of this subtitle. After sonal protective equipment, implementing cluding coordination with State, local, Trib-
carrying out the reservation of funds in sec- flexible schedules to keep children in iso- al, and territorial public health departments,
tion ll25 of this title, each State shall allo- lated groups, purchasing box lunches so that and other relevant agencies, to improve co-
cate not less than 90 percent of the remain- children can eat in their classroom, pur- ordinated responses among such entities to
ing grant funds awarded to the State under chasing physical barriers, providing addi- prevent, prepare for, and respond to
this section as subgrants to local edu- tional transportation services, repurposing coronavirus.
cational agencies (including charter schools existing school rooms and space, and improv- (C) Providing principals and others school
that are local educational agencies) in the ing ventilation systems. leaders with the resources necessary to ad-
State in proportion to the amount of funds (B) Developing and implementing proce- dress the needs of their individual schools.
such local educational agencies and charter dures and systems to improve the prepared- (D) Providing additional services to ad-
schools that are local educational agencies ness and response efforts of local educational dress the unique needs of low-income chil-
received under part A of title I of the ESEA agencies or non-public schools including co- dren or students, children with disabilities,
of 1965 in the most recent fiscal year. The ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori-
state educational agency shall make such ritorial public health departments, and other ties, students experiencing homelessness,
subgrants to local educational agencies as relevant agencies, to improve coordinated and foster care youth, including how out-
follows— responses among such entities to prevent, reach and service delivery will meet the
(1) one-third of funds shall be awarded not prepare for, and respond to coronavirus. needs of each population.
less than 15 calendar days after receiving an (C) Providing principals and other school (E) Training and professional development
award from the Secretary under this section; leaders with the resources necessary to ad- for staff of the local educational agency or
and dress the needs of their individual schools di- non-public school on sanitation and mini-
(2) the remaining two-thirds of funds shall rectly related to coronavirus. mizing the spread of infectious diseases.
be awarded only after the local educational (D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean,
agency submits to the Governor and the dress the unique needs of low-income chil- and disinfect the facilities of a local edu-
Governor approves a comprehensive school dren or students, children with disabilities, cational agency or non-public school, includ-
reopening plan for the 2020–2021 school-year, English learners, racial and ethnic minori- ing buildings operated by such agency.
based on criteria determined by the Gov- ties, students experiencing homelessness, (G) Purchasing educational technology (in-
ernor in consultation with the state edu- and foster care youth, including how out- cluding hardware, software, and
cational agency (including criteria for the reach and service delivery will meet the connectivity) for students who are served by
Governor to carry out subparagraph (A) needs of each population. the local educational agency or non-public
SSpencer on DSK126QN23PROD with SENATE
through (C)), that describes how the local (E) Training and professional development school that aids in regular and substantive
educational agency will safely reopen for staff of the local educational agency or educational interaction between students
schools with the physical presence of stu- non-public school on sanitation and mini- and their classroom instructors, including
dents, consistent with maintaining safe and mizing the spread of infectious diseases. low-income students and students with dis-
continuous operations aligned with chal- (F) Purchasing supplies to sanitize, clean, abilities, which may include assistive tech-
lenging state academic standards. The Gov- and disinfect the facilities of a local edu- nology or adaptive equipment.
ernor shall approve such plans within 30 days cational agency or non-public school, includ- (H) Expanding healthcare and other health
after the plan is submitted, subject to the re- ing buildings operated by such agency. services (including mental health services
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4801
and supports), including for children at risk such State impose any limits upon the use of after allocating funds under paragraphs
of abuse or neglect. any such funds except as provided by sub- ll24(a)(1) and (2) of this Act, have the
(I) Planning and implementing activities section (e). greatest unmet needs related to coronavirus.
related to summer learning and supple- HIGHER EDUCATION EMERGENCY RELIEF FUND In awarding funds to institutions of higher
mental afterschool programs, including pro- SEC. ll24. (a) IN GENERAL.—From funds education under this paragraph the Sec-
viding classroom instruction during the sum- reserved under section ll21(b)(3) of this retary shall prioritize institutions of higher
mer months and addressing the needs of low- title the Secretary shall allocate amounts as education—
income students, students with disabilities, follows: (A) described under title I of the Higher
English learners, migrant students, students (1) 85 percent to each institution of higher Education Act of 1965 that were not eligible
experiencing homelessness, and children in education described in section 101 or section to receive an award under section ll24(a)(1)
foster care. 102(c) of the Higher Education Act of 1965 to of this title, including institutions described
(f) STATE FUNDING.—A State may reserve prevent, prepare for, and respond to in section 102(b) of the Higher Education Act
not more than 5 percent of the funds not oth- coronavirus, by apportioning it— of 1965; and
erwise allocated under subsection (c) and (A) 90 percent according to the relative (B) that otherwise demonstrate significant
section ll25 for administrative costs and share of full-time equivalent enrollment of needs related to coronavirus that were not
the remainder for emergency needs as deter- Federal Pell Grant recipients who were not addressed by funding allocated under sub-
mined by the state educational agency to ad- exclusively enrolled in distance education sections (a)(1) or (a)(2) of this section.
dress issues responding to coronavirus, courses prior to the coronavirus emergency;
which may be addressed through the use of (b) DISTRIBUTION.—The funds made avail-
and able to each institution under subsection
grants or contracts.
(B) 10 percent according to the relative (a)(1) shall be distributed by the Secretary
(g) ASSURANCES.—A State, state edu-
cational agency, or local educational agency share of full-time equivalent enrollment of using the same systems as the Secretary
receiving funding under this section shall students who were not Federal Pell Grant re- otherwise distributes funding to each insti-
provide assurances, as applicable, that: cipients who were not exclusively enrolled in
tution under title IV of the Higher Edu-
(1) A State, State educational agency, or distance education courses prior to the
cation Act of 1965 (20 U.S.C. 1001 et seq.).
local educational agency will maintain and coronavirus emergency.
(2) 10 percent for additional awards under (c) USES OF FUNDS.—An institution of high-
expand access to high-quality schools, in-
cluding high-quality public charter schools, parts A and B of title III, parts A and B of er education receiving funds under this sec-
and will not— title V, and subpart 4 of part A of title VII tion may use the funds received to:
(A) enact policies to close or prevent the of the Higher Education Act to address needs (1) defray expenses associated with
expansion of such schools to address revenue directly related to coronavirus, that shall be coronavirus (including lost revenue, reim-
shortfalls that result in the disproportionate in addition to awards made in section bursement for expenses already incurred,
closure or denial of expansion of public char- ll24(a)(1) of this title, and allocated by the technology costs associated with a transi-
ter schools that are otherwise meeting the Secretary proportionally to such programs tion to distance education, faculty and staff
terms of their charter for academic achieve- based on the relative share of funding appro- trainings, and payroll); and
ment; or priated to such programs in the Further Con- (2) provide financial aid grants to students
(B) disproportionally reduce funding to solidated Appropriations Act, 2020 (Public (including students exclusively enrolled in
charter schools or otherwise increase fund- Law 116–94) and distributed to eligible insti- distance education), which may be used for
ing gaps between charter schools and other tutions of higher education, except as other- any component of the student’s cost of at-
public schools in the local educational agen- wise provided in subparagraphs (A)–(D), on tendance or for emergency costs that arise
cy. the basis of the formula described in section due to coronavirus.
(2) Allocations of funding and services pro- ll24(a)(1) of this title:
(d) SPECIAL PROVISIONS.—
vided from funds provided in this section to (A) Except as otherwise provided in sub-
(1) A Historically Black College and Uni-
public charter schools are made on the same paragraph (B), for eligible institutions under
versity or a Minority Serving Institution
basis as is used for all public schools, con- part B of title III and subpart 4 of part A of
may use prior awards provided under titles
sistent with state law and in consultation title VII of the Higher Education Act, the
III, V, and VII of the Higher Education Act
with charter school leaders. Secretary shall allot to each eligible institu-
to prevent, prepare for, and respond to
(h) REPORT.—A State receiving funds under tion an amount using the following formula:
coronavirus.
this section shall submit a report to the Sec- (i) 70 percent according to a ratio equiva-
(2) An institution of higher education re-
retary, not later than 6 months after receiv- lent to the number of Pell Grant recipients
ceiving funds under section 18004 of division
ing funding provided in this title, in such in attendance at such institution at the end
B of the CARES Act (Public Law 116–136)
manner and with such subsequent frequency of the school year preceding the beginning of
may use those funds under the terms and
the most recent fiscal year and the total
as the Secretary may require, that provides conditions of section ll24(c) of this Act.
a detailed accounting of the use of funds pro- number of Pell Grant recipients at all such
Amounts repurposed pursuant to this para-
vided under this section. institutions;
graph that were previously designated by the
(i) REALLOCATION.—A State shall return to (ii) 20 percent according to a ratio equiva-
Congress as an emergency requirement pur-
the Secretary any funds received under this lent to the total number of students enrolled
suant to the Balanced Budget and Emer-
section that the State does not award within at such institution at the end of the school
gency Deficit Control Act of 1985 are des-
4 months of receiving such funds and the year preceding the beginning of that fiscal
ignated by the Congress as an emergency re-
Secretary shall deposit such funds into the year and the number of students enrolled at
quirement pursuant to section 251(b)(2)(A)(i)
general fund of the Treasury. all such institutions; and
of the Balanced Budget and Emergency Def-
(j) RULE OF CONSTRUCTION.— (iii) 10 percent according to a ratio equiva-
icit Control Act of 1985.
(1) The receipt of any funds authorized or lent to the total endowment size at all eligi-
(3) No funds received by an institution of
appropriated under this section, including ble institutions at the end of the school year
higher education under this section shall be
pursuant to section ll25 of this Act, by a preceding the beginning of that fiscal year
used to fund contractors for the provision of
nonprofit entity, or by any individual who and the total endowment size at such insti-
pre-enrollment recruitment activities; en-
has been admitted or applied for admission tutions;
dowments; or capital outlays associated with
to such entity (or any parent or guardian of (B) For eligible institutions under section
facilities related to athletics, sectarian in-
such individual), shall not be construed to 326 of the Higher Education Act, the Sec-
struction, or religious worship.
render such entity or person a recipient of retary shall allot to each eligible institution
(4) An institution of higher education that
Federal financial assistance for any purpose, an amount in proportion to the award re-
was required to remit payment to the Inter-
nor shall any such person or entity be re- ceived from funding for such institutions in
nal Revenue Service for the excise tax based
quired to make any alteration to its existing the Further Consolidated Appropriations
on investment income of private colleges and
programs, facilities, or employment prac- Act, 2020 (Public Law 116–94);
universities under section 4968 of the Inter-
tices except as required under this section. (C) For eligible institutions under section
nal Revenue Code of 1986 for tax year 2019
(2) No State participating in any program 316 of the Higher Education Act, the Sec-
shall have their allocation under this section
under this section, including pursuant to retary shall allot funding according to the
reduced by 50 percent and may only use
section ll25 of this Act, shall impose any formula in section 316(d)(3) of the Higher
funds for activities described in paragraph
penalty or additional requirement upon, or Education Act; and
(c)(2). This paragraph shall not apply to an
otherwise disadvantage, such entity or per- (D) Notwithstanding section 318(f) of the
SSpencer on DSK126QN23PROD with SENATE
institution of higher education designated by
son as a consequence or condition of its re- Higher Education Act, for eligible institu-
the Secretary as an eligible institution
ceipt of such funds. tions under section 318 of the Higher Edu-
under section 448 of the Higher Education
(3) No State participating in any program cation Act, the Secretary shall allot funding
Act of 1965.
under this section shall authorize any person according to the formula in section 318(e) of
or entity to use any funds authorized or ap- the Higher Education Act. (e) REPORT.—An institution receiving
propriated under this section, including pur- (3) 5 percent for grants to institutions of funds under this section shall submit a re-
suant to section ll25 of this Act, except as higher education that the Secretary deter- port to the Secretary, not later than 6
provided by subsection (e), nor shall any mines, through an application process and months after receiving funding provided in
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S4802 CONGRESSIONAL RECORD — SENATE August 4, 2020
this title, in such manner and with such sub- (4) the term ‘‘State’’ means each of the 50 and audit of programs, grants, and projects
sequent frequency as the Secretary may re- States, the District of Columbia, and the funded in this title to respond to
quire, that provides a detailed accounting of Commonwealth of Puerto Rico; coronavirus: Provided, That such amount is
the use of funds provided under this section. (5) the term ‘‘cost of attendance’’ has the designated by the Congress as being for an
(f) REALLOCATION.—Any funds allocated to meaning given such term in section 472 of emergency requirement pursuant to section
an institution of higher education under this the Higher Education Act of 1965; 251(b)(2)(A)(i) of the Balanced Budget and
section on the basis of a formula described in (6) the term ‘‘Non-public school’’ means a Emergency Deficit Control Act of 1985.
subsection (a)(1) or (a)(2) but for which an in- non-public elementary and secondary school GENERAL PROVISIONS
stitution does not apply for funding within that (A) is accredited, licensed, or otherwise
60 days of the publication of the notice invit- SEC. ll29. Funds made available in Public
operates in accordance with State law; and Law 115–245 under the heading ‘‘National
ing applications, shall be reallocated to eli- (B) was in existence prior to the date of the
gible institutions that had submitted an ap- Technical Institute for the Deaf’’ that were
qualifying emergency for which grants are available for obligation through fiscal year
plication by such date. awarded under this section; 2019, and where a valid obligation was in-
ASSISTANCE TO NON-PUBLIC SCHOOLS (7) the term ‘‘public school’’ means a pub- curred in such fiscal year, are to remain
SEC. ll25. (a) FUNDS AVAILABILITY.—From lic elementary or secondary school; and available for obligation and expenditure by
the payment provided by the Secretary (8) any other term used that is defined in educational agencies or institutions through
under section ll23 of this title to a State section 8101 of the Elementary and Sec- fiscal year 2021, notwithstanding section
educational agency, the State educational ondary Education Act of 1965 (20 U.S.C. 7801) 412(b) of the General Education Provisions
agency shall reserve an amount of funds shall have the meaning given the term in Act (20 U.S.C. 1225): Provided, That such
equal to the percentage of students enrolled such section. amount is designated by the Congress as
in non-public elementary and secondary MAINTENANCE OF EFFORT being for an emergency requirement pursu-
schools in the State prior to the coronavirus SEC. ll28. A State’s application for funds ant to section 251(b)(2)(A)(i) of the Balanced
emergency. Upon reserving funds under this to carry out sections ll22 or ll23 of this Budget and Emergency Deficit Control Act
section, the Governor of the State shall title shall include assurances that the State of 1985.
award such funds equally to each non-public will maintain support for elementary and SEC. ll30. Funds made available in Public
school accredited or otherwise located in and secondary education, and State support for Law 115–245 under the heading ‘‘Gallaudet
licensed to operate in the State based on the higher education (which shall include State University’’ that were available for obliga-
number of low-income students enrolled in funding to institutions of higher education tion through fiscal year 2019, and where a
the non-public school as a share of all low-in- and state need-based financial aid, and shall valid obligation was incurred in such fiscal
come students enrolled in non-public ele- not include support for capital projects or year, are to remain available for obligation
mentary and secondary schools in the State for research and development or tuition and and expenditure by educational agencies or
prior to the coronavirus emergency, subject fees paid by students) in fiscal years 2020 and institutions through fiscal year 2021, not-
to the requirements in subsection (b). 2021 at least at the proportional levels of withstanding section 412(b) of the General
(b)(1) A non-public school that provides in-
such State’s support for elementary and sec- Education Provisions Act (20 U.S.C. 1225):
person instruction for at least 50 percent of
ondary education and for higher education Provided, That such amount is designated by
its students where the students physically
relative to such States overall spending in the Congress as being for an emergency re-
attend school no less than 50 percent of each
fiscal year 2019. quirement pursuant to section 251(b)(2)(A)(i)
school-week, as determined by the non-pub-
STUDENT AID ADMINISTRATION of the Balanced Budget and Emergency Def-
lic school prior to the coronavirus emer-
For an additional amount for ‘‘Student Aid icit Control Act of 1985.
gency, shall be eligible for the full amount of SEC. ll31. Funds made available in Public
assistance per student as prescribed under Administration’’, $40,000,000, to remain avail-
able through September 30, 2021, to prevent, Law 113–76 under the heading ‘‘Innovation
this section. and Improvement’’ that were available for
(2) A non-public school that does not pro- prepare for, and respond to coronavirus, do-
mestically or internationally, for carrying obligation through December 31, 2014 for the
vide in-person instruction to any students
out part D of title I, and subparts 1, 3, 9 and Investing in Innovation program pursuant to
where the students physically attend school
10 of part A, and parts B, C, D, and E of title the eighth and ninth provisos under that
in-person shall only be eligible for one-third
IV of the HEA, and subpart 1 of part A of heading in that Act are to remain available
of the amount of assistance per student as
title VII of the Public Health Service Act: through fiscal year 2021 for the liquidation of
prescribed under this section.
(3) A non-public school that provides in- Provided, That such amount is designated by valid obligations incurred in fiscal years 2014
person instruction to at least some students the Congress as being for an emergency re- or 2015: Provided, That such amount is des-
where the students physically attend school quirement pursuant to section 251(b)(2)(A)(i) ignated by the Congress as being for an
in-person but does not satisfy the require- of the Balanced Budget and Emergency Def- emergency requirement pursuant to section
ments in paragraph (1) shall have its amount icit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and
of assistance as prescribed under this section Emergency Deficit Control Act of 1985.
INSTITUTE OF EDUCATION SCIENCES SEC. ll32. Funds made available in Public
reduced on a pro rata basis, which shall be
For an additional amount for ‘‘Institute of Law 113–76 under the heading ‘‘Rehabilita-
calculated using the same methodology as is
Education Sciences’’, $65,000,000, to remain tion Services and Disability Research’’ that
used under section ll23(c)(2)(C) of this
available through September 30, 2021, to pre- were available for obligation through fiscal
title.
vent, prepare for, and respond to year 2015 for the Automated Personalization
(4) A Governor shall allocate not less than
coronavirus, domestically or internation- Computing Project pursuant to the first four
50 percent of the funds reserved in this sec-
ally, for carrying out the National Assess- provisos under that heading in that Act are
tion to non-public schools within 30 days of
ment of Educational Progress Authorization to remain available through fiscal year 2021
receiving an award from the Secretary and
Act (title III of Public Law 107–279): Provided, for the liquidation of valid obligations in-
the remaining 50 percent not less than 4
That such amount is designated by the Con- curred in fiscal years 2014 or 2015: Provided,
months after receiving an award from the
gress as being for an emergency requirement That such amount is designated by the Con-
Secretary.
pursuant to section 251(b)(2)(A)(i) of the Bal- gress as being for an emergency requirement
CONTINUED PAYMENT TO EMPLOYEES
anced Budget and Emergency Deficit Control pursuant to section 251(b)(2)(A)(i) of the Bal-
SEC. ll26. A local educational agency, Act of 1985. anced Budget and Emergency Deficit Control
State, institution of higher education, or Act of 1985.
DEPARTMENTAL MANAGEMENT
other entity that receives funds under ‘‘Edu-
cation Stabilization Fund’’, shall to the PROGRAM ADMINISTRATION Subtitle D—Related Matters
greatest extent practicable, continue to pay For an additional amount for ‘‘Program RELATED AGENCIES
its employees and contractors during the pe- Administration’’, $8,000,000, to remain avail- CORPORATION FOR PUBLIC BROADCASTING
riod of any disruptions or closures related to able through September 30, 2021, to prevent, For an additional amount for ‘‘Corporation
coronavirus. prepare for, and respond to coronavirus, do- for Public Broadcasting,’’ $175,000,000, to re-
DEFINITIONS mestically or internationally: Provided, That main available until September 30, 2021, to
SEC. ll27. Except as otherwise provided such amount is designated by the Congress prevent, prepare for, and respond to
in sections ll21–ll26 of this title, as used as being for an emergency requirement pur- coronavirus, including for fiscal stabilization
in such sections— suant to section 251(b)(2)(A)(i) of the Bal- grants to public telecommunications enti-
(1) the terms ‘‘elementary education’’ and anced Budget and Emergency Deficit Control ties, as defined by 47 U.S.C. 397(12), with no
SSpencer on DSK126QN23PROD with SENATE
‘‘secondary education’’ have the meaning Act of 1985. deduction for administrative or other costs
given such terms under State law; OFFICE OF INSPECTOR GENERAL of the Corporation, to maintain program-
(2) the term ‘‘institution of higher edu- For an additional amount for ‘‘Office of In- ming and services and preserve small and
cation’’ has the meaning given such term in spector General’’, $7,000,000, to remain avail- rural stations threatened by declines in non-
title I of the Higher Education Act of 1965 (20 able through September 30, 2022, to prevent, Federal revenues: Provided, That such
U.S.C. 1001 et seq.); prepare for, and respond to coronavirus, do- amount is designated by the Congress as
(3) the term ‘‘Secretary’’ means the Sec- mestically or internationally, including for being for an emergency requirement pursu-
retary of Education; salaries and expenses necessary for oversight ant to section 251(b)(2)(A)(i) of the Balanced
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4803
Budget and Emergency Deficit Control Act demn gross human rights violations of validate, manufacture, purchase, administer,
of 1985. ethnic Turkic Muslims in Xinjiang, and and expand capacity for COVID–19 tests to
GENERAL PROVISIONS—THIS TITLE calling for an end to arbitrary deten- effectively monitor and suppress COVID–19.
SEC. ll41. Not later than 30 days after the tion, torture, and harassment of these
date of enactment of this Act, the Secre-
SA 2528. Mr. TOOMEY (for himself
communities inside and outside China; and Mrs. CAPITO) submitted an amend-
taries of Labor, Health and Human Services,
which was ordered to lie on the table; ment intended to be proposed by him
and Education shall provide a detailed spend
plan of anticipated uses of funds made avail- as follows: to the bill S. 178, to condemn gross
able in this title, including estimated per- At the appropriate place, insert the fol- human rights violations of ethnic
sonnel and administrative costs, to the Com- lowing: Turkic Muslims in Xinjiang, and call-
mittees on Appropriations of the House of SEC. ll. PARTNERSHIPS WITH STATE ACA- ing for an end to arbitrary detention,
Representatives and the Senate: Provided, DEMIC CENTERS AND PUBLIC
HEALTH DEPARTMENTS. torture, and harassment of these com-
That such plans shall be updated and sub- munities inside and outside China;
mitted to such Committees every 60 days (a) IN GENERAL.—The Secretary of Health
until September 30, 2024: Provided further, and Human Services (referred to in this sec- which was ordered to lie on the table;
That the spend plans shall be accompanied tion as the ‘‘Secretary’’) shall partner with as follows:
by a listing of each contract obligation in- State-based institutions of higher education At the appropriate place, insert the fol-
curred that exceeds $5,000,000 which has not (as defined in section 101(a) of the Higher lowing:
previously been reported, including the Education Act of 1965 (20 U.S.C. 1001(a))) and SEC. ll. ENSURING PROCESSING OF APPROVED
amount of each such obligation. public health departments to perform state- AND PENDING APPLICATIONS
SEC. ll42. (a) The remaining unobligated wide, regional seroprevalence studies in UNDER MEDICARE HOSPITAL AC-
States with a prevalence of COVID–19 that is CELERATED AND ADVANCE PAY-
balances of funds as of September 30, 2020, MENTS PROGRAMS.
from amounts provided under the heading greater than 1,000 per 100,000 people. Any
such study shall involve, at minimum, the (a) IN GENERAL.—
‘‘Corporation for National and Community (1) PART A.—Section 1815(f) of the Social
Service—Operating Expenses’’ in title IV of number of State residents required to
achieve statistical significance to estimate Security Act (42 U.S.C. 1395g(f)) is amended—
division A of the Further Consolidated Ap- (A) by redesignating paragraphs (3) and (4)
propriations Act, 2020 (Public Law 116–94), seroprevalence across the State.
(b) FUNDING.—The Secretary shall allocate as paragraphs (4) and (5), respectively; and
are hereby permanently rescinded, and an (B) by inserting after paragraph (2) the fol-
amount of additional new budget authority funds to carry out this section from any un-
obligated amounts of the additional amount lowing new paragraph:
equivalent to the amount rescinded is hereby ‘‘(3) In the case of any request for an accel-
appropriated on September 30, 2020, to re- of $25,000,000,000 appropriated to the Public
erated payment under the program under
main available until September 30, 2021, and Health and Social Services Emergency Fund,
subsection (e)(3) pursuant to paragraph (2)
shall be available for the same purposes, in under the heading ‘‘Public Health and Social
that was submitted prior to April 26, 2020,
addition to other funds as may be available Services Emergency Fund’’ under the head-
and for which such payment has not been
for such purposes, and under the same au- ing ‘‘Office of the Secretary’’ under the head-
issued as of the date of enactment of this
thorities for which the funds were originally ing ‘‘Department of Health and Human Serv-
paragraph, the Secretary shall—
provided in Public Law 116–94: Provided, That ices’’ under title I of division B of the Pay-
‘‘(A) in the case of any such request that
any amounts appropriated by the preceding check Protection Program and Health Care
was approved, not later than 15 days after
proviso shall not be subject to the allotment Enhancement Act (Public Law 116–139) for
such date of enactment, provide for the
requirements otherwise applicable under sec- necessary expenses to research, develop,
issuance of such payment to such hospital;
tions 129(a), (b), (d), and (e) of the National validate, manufacture, purchase, administer,
and
and Community Service Act of 1993: Provided and expand capacity for COVID–19 tests to
‘‘(B) in the case of any such request for
further, That such amount is designated by effectively monitor and suppress COVID–19.
which no determination has been made re-
the Congress as being for an emergency re- garding eligibility of a hospital for such pay-
quirement pursuant to section 251(b)(2)(A)(i) SA 2527. Mr. TOOMEY submitted an ment as of the date of enactment of this
of the Balanced Budget and Emergency Def- amendment intended to be proposed by paragraph, not later than 15 days after such
icit Control Act of 1985. him to the bill S. 178, to condemn gross date of enactment, review the request and, if
(b)(1) Subsection (b) of section 3514 of title human rights violations of ethnic the hospital is eligible for such payment,
III of division A of the CARES Act (Public Turkic Muslims in Xinjiang, and call- issue such payment to such hospital.’’.
Law 116–136) is hereby repealed, and shall be (2) PART B.—In the case of any request for
ing for an end to arbitrary detention,
applied hereafter as if such subsection had an advance payment under the advance pay-
never been enacted. torture, and harassment of these com-
munities inside and outside China; ments program described in section 421.214 of
(2)(A) IN GENERAL.—The amounts provided
title 42, Code of Federal Regulations (or a
under this subsection are designated as an which was ordered to lie on the table; successor regulation) that was submitted
emergency requirement pursuant to section as follows: prior to April 26, 2020, and for which such
4(g) of the Statutory Pay-As-You-Go Act of At the appropriate place, insert the fol- payment has not been issued as of the date of
2010 (2 U.S.C. 933(g)). lowing: enactment of this paragraph, the Secretary
(B) DESIGNATION IN SENATE.—In the Senate, ll.
SEC. PARTNERSHIPS WITH STATE ACA- of Health and Human Services shall—
this subsection is designated as an emer- DEMIC CENTERS AND PUBLIC (A) in the case of any such request that
gency requirement pursuant to section HEALTH DEPARTMENTS. was approved, not later than 15 days after
4112(a) of H. Con. Res. 71 (115th Congress), the (a) IN GENERAL.—The Secretary of Health such date of enactment, provide for the
concurrent resolution on the budget for fis- and Human Services (referred to in this sec- issuance of such payment to such supplier;
cal year 2018. tion as the ‘‘Secretary’’) shall partner with and
(C) CLASSIFICATION OF BUDGETARY EF- State-based institutions of higher education (B) in the case of any such request for
FECTS.—Notwithstanding Rule 3 of the Budg- (as defined in section 101(a) of the Higher which no determination has been made re-
et Scorekeeping Guidelines set forth in the Education Act of 1965 (20 U.S.C. 1001(a))) and garding eligibility of a supplier for such pay-
joint explanatory statement of the com- public health departments to perform state- ment as of the date of enactment of this
mittee of conference accompanying Con- wide, regional seroprevalence studies in paragraph, not later than 15 days after such
ference Report 105–217 and section 250(c)(7) States with a prevalence of COVID–19 that is date of enactment, review the request and, if
and (c)(8) of the Balanced Budget and Emer- greater than 1,000 per 100,000 people. Any the supplier is eligible for such payment,
gency Deficit Control Act of 1985, the budg- such study shall involve, at minimum, the issue such payment to such supplier.
etary effects of this subsection— number of State residents required to (3) ADDITIONAL TRANSITIONAL GOVERNMENT
(i) shall not be estimated for purposes of achieve statistical significance to estimate CONTRIBUTION.—Section 1844 of the Social Se-
section 251 of such Act; seroprevalence across the State. curity Act (42 U.S.C. 1395w) is amended by
(ii) shall not be estimated for purposes of (b) FUNDING.—The Secretary shall allocate adding at the end the following:
paragraph (4)(C) of section 3 of the Statutory funds to carry out this section from any un- ‘‘(e)(1) There shall be transferred from the
Pay As-You-Go Act of 2010 as being included obligated amounts of the additional amount General Fund of the Treasury to the Trust
in an appropriation Act; and of $25,000,000,000 appropriated to the Public Fund an amount, as estimated by the Chief
(iii) shall be treated as if they were con- Health and Social Services Emergency Fund, Actuary of the Centers for Medicare & Med-
SSpencer on DSK126QN23PROD with SENATE
tained in a PAYGO Act, as defined by section under the heading ‘‘Public Health and Social icaid Services, equal to amounts paid under
3(7) of the Statutory Pay-As-You-Go Act of Services Emergency Fund’’ under the head- the advance payment program under section
2010 (2 U.S.C. 932(7)). ing ‘‘Office of the Secretary’’ under the head- 421.214 of title 42, Code of Federal Regula-
ing ‘‘Department of Health and Human Serv- tions (or any successor regulation) pursuant
SA 2526. Mr. TOOMEY submitted an ices’’ under title I of division B of the Pay- to section ll(a)(2) of the ll Act of 2020.
amendment intended to be proposed to check Protection Program and Health Care ‘‘(2) There shall be transferred from the
amendment SA 2499 proposed by Mr. Enhancement Act (Public Law 116–139) for Trust Fund to the General Fund of the
MCCONNELL to the bill S. 178, to con- necessary expenses to research, develop, Treasury amounts equivalent to the sum of—
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