Congressional Record, Senate, August 5, 2020 — Amendments to S. 178
Summary
Pages of the Congressional Record, Senate section, dated August 5, 2020, beginning at page S4946. The pages list amendments intended to be proposed to amendment SA 2499 proposed by Mr. MCCONNELL to S. 178, and print amendment texts. SA 2568, submitted by Ms. McSALLY for herself and others, would add a section 1605C to chapter 97 of title 28, United States Code, under which a foreign state would not be immune from suit over reckless actions or omissions that caused or substantially contributed to the COVID–19 global pandemic in the United States. SA 2569, submitted by Mr. TOOMEY, would provide forgivable business physical disaster loans for damage due to civil unrest during a covered period beginning on May 26, 2020 and ending on July 1, 2020. The closing pages include committee meeting authorizations for August 5, 2020.
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S4946 CONGRESSIONAL RECORD — SENATE August 5, 2020
to be proposed to amendment SA 2499 pro- jurisdiction of the courts of the United was in effect on January 27, 2008)’’ and in-
posed by Mr. MCCONNELL to the bill S. 178, States in any case in which money damages serting ‘‘section 1605A, section 1605(a)(7) (as
supra; which was ordered to lie on the table. are sought against a foreign state for death such section was in effect on January 27,
SA 2585. Ms. ERNST (for herself and Mrs. or physical or economic injury to person, 2008), or section 1605C’’;
CAPITO) submitted an amendment intended property, or business occurring in the United (2) in subsection (b)(2), by striking ‘‘or
to be proposed to amendment SA 2499 pro- States following any reckless action or omis- 1605(b)’’ and inserting ‘‘, 1605(b), or 1605C’’;
posed by Mr. MCCONNELL to the bill S. 178, sion (including a conscious disregard of the (3) by striking subsection (d) and inserting
supra; which was ordered to lie on the table. need to report information promptly or de- the following:
SA 2586. Mr. DAINES submitted an amend- liberately hiding relevant information) of a ‘‘(d) The property of a foreign state, as de-
ment intended to be proposed to amendment foreign state, or of any official, employee, or fined in section 1603(a) of this chapter, used
SA 2499 proposed by Mr. MCCONNELL to the agent of that foreign state while acting with- for a commercial activity in the United
bill S. 178, supra; which was ordered to lie on in the scope of his or her office, employment, States, shall not be immune from attach-
the table. or agency, that caused or substantially con- ment prior to the entry of judgment in any
SA 2587. Mr. WICKER submitted an amend- tributed to the COVID–19 global pandemic in action brought in a court of the United
ment intended to be proposed to amendment the United States, regardless of where the States or of a State, or prior to the elapse of
SA 2499 proposed by Mr. MCCONNELL to the action or omission occurred. the period of time provided in subsection (c)
bill S. 178, supra; which was ordered to lie on ‘‘(b) RULE OF CONSTRUCTION.—A foreign of this section, if—
the table. state shall not be subject to the jurisdiction ‘‘(1) the foreign state has explicitly waived
SA 2588. Mr. WICKER submitted an amend- of the courts of the United States under sub- its immunity from attachment prior to judg-
ment intended to be proposed by him to the section (a) on the basis of an omission or act ment, notwithstanding any withdrawal of
bill S. 178, supra; which was ordered to lie on that constitutes mere negligence. the waiver the foreign state may purport to
the table. ‘‘(c) JURISDICTION.— effect except in accordance with the terms of
SA 2589. Ms. ERNST submitted an amend- ‘‘(1) EXCLUSIVE JURISDICTION.—The courts the waiver;
ment intended to be proposed to amendment of the United States shall have exclusive ju- ‘‘(2) the purpose of the attachment is to se-
SA 2499 proposed by Mr. MCCONNELL to the risdiction in any action in which a foreign cure satisfaction of a judgment that has been
bill S. 178, supra; which was ordered to lie on state is subject to the jurisdiction of a court or may ultimately be entered against the
the table. of the United States under subsection (a). foreign state, and not to obtain jurisdiction;
SA 2590. Mr. SCOTT, of Florida submitted ‘‘(2) ADDITIONAL AUTHORITY TO ISSUE OR- or
an amendment intended to be proposed to DERS.—In addition to authority already ‘‘(3) the attachment relates to a claim for
amendment SA 2499 proposed by Mr. MCCON- granted by other laws, the courts of the which the foreign state is not immune under
NELL to the bill S. 178, supra; which was or- United States shall have jurisdiction to section 1605C.’’; and
dered to lie on the table. make and issue any writ or order of injunc- (4) in subsection (g)(1), in the matter pre-
SA 2591. Mr. SCOTT, of Florida submitted tion necessary or appropriate for the en- ceding subparagraph (A), by striking ‘‘1605A’’
an amendment intended to be proposed to forcement of this section, including pre-judg- and inserting ‘‘1605A or 1605C’’.
amendment SA 2499 proposed by Mr. MCCON- ment injunctions related to transfer or dis- (d) CAUSE OF ACTION.—Any citizen or resi-
NELL to the bill S. 178, supra; which was or- posal of assets. dent of the United States injured in his or
dered to lie on the table. ‘‘(d) INTERVENTION.—The Attorney General her person, property, or business by reason of
SA 2592. Mr. SCOTT, of Florida submitted may intervene in any action in which a for- any reckless action or omission (including a
an amendment intended to be proposed to eign state is subject to the jurisdiction of a conscious disregard of the need to report in-
amendment SA 2499 proposed by Mr. MCCON- court of the United States under subsection formation promptly or deliberately hiding
NELL to the bill S. 178, supra; which was or- (a) for the purpose of seeking a stay of the relevant information) of a foreign state, or of
dered to lie on the table. civil action, in whole or in part. any official, employee, or agent of that for-
‘‘(e) STAY.— eign state while acting within the scope of
SA 2593. Ms. COLLINS (for herself, Mrs.
‘‘(1) IN GENERAL.—A court of the United his or her office, employment, or agency,
FEINSTEIN, Mr. DAINES, and Mr. MORAN) sub-
States may stay a proceeding against a for- that caused or substantially contributed to
mitted an amendment intended to be pro-
eign state if the Secretary of State certifies the COVID–19 global pandemic in the United
posed to amendment SA 2499 proposed by Mr.
that the United States is engaged in good States, regardless of where the action or
MCCONNELL to the bill S. 178, supra; which
faith discussions with the foreign state de- omission occurred, may sue therefor in any
was ordered to lie on the table.
fendant concerning the resolution of the appropriate district court of the United
SA 2594. Mr. MORAN (for himself and Mr.
claims against the foreign state, or any States and shall recover threefold the dam-
TESTER) proposed an amendment to the bill
other parties as to whom a stay of claims is ages he or she sustains and the cost of the
S. 785, to improve mental health care pro-
sought. In exercising its discretion under suit, including attorney’s fees.
vided by the Department of Veterans Affairs,
this subsection, the court shall balance the (e) ENFORCEMENT BY STATE ATTORNEYS
and for other purposes.
interests of the United States with the inter- GENERAL.—Any State, on its own behalf or
f ests of the plaintiffs in a timely review of on behalf of the citizens or residents of the
TEXT OF AMENDMENTS their claims. State, may bring a civil action under sub-
‘‘(2) DURATION.— section (d) in a district court of the United
SA 2568. Ms. McSALLY (for herself, ‘‘(A) IN GENERAL.—A stay under this sec- States. Nothing in this Act may be con-
Mr. ROUNDS, Mrs. CAPITO, Mr. HAWLEY, tion may be granted for not more than 180 strued to prevent a State from exercising its
Mr. COTTON, Mrs. BLACKBURN, and Mr. days. powers under State law.
TILLIS) submitted an amendment in- ‘‘(B) EXTENSION.— (f) TIME LIMITATION ON THE COMMENCEMENT
‘‘(i) IN GENERAL.—The Attorney General OF CIVIL ACTION.—Notwithstanding any
tended to be proposed to amendment other provision of law, a civil action arising
SA 2499 proposed by Mr. MCCONNELL to may petition the court for an extension of
the stay for additional periods not to exceed under subsection (d) may be commenced up
the bill S. 178, to condemn gross human 180 days. to 20 years after the cause of action accrues.
rights violations of ethnic Turkic Mus- ‘‘(ii) RECERTIFICATION.—A court may grant (g) TECHNICAL AND CONFORMING AMEND-
lims in Xinjiang, and calling for an end MENT.—The table of sections for chapter 97 of
an extension under subparagraph (A) if the
to arbitrary detention, torture, and Secretary of State recertifies that the title 28, United States Code, is amended by
inserting after the item relating to section
harassment of these communities in- United States remains engaged in good faith
1605B the following:
side and outside China; which was or- discussions with the foreign state defendant
concerning the resolution of the claims ‘‘1605C. Responsibility of foreign states for
dered to lie on the table; as follows: reckless actions or omissions
against the foreign state, or any other par-
At the appropriate place, insert the fol- causing the COVID–19 global
ties as to whom a stay of claims is sought. In
lowing: pandemic in the United
choosing whether to grant an extension, the
SEC. lllll. RESPONSIBILITY OF FOREIGN court shall balance the interests of the States.’’.
STATES FOR RECKLESS ACTIONS OR
United States with the interests of the plain-
OMISSIONS CAUSING THE COVID–19
tiffs in a timely review of their claims.’’.
SA 2569. Mr. TOOMEY submitted an
GLOBAL PANDEMIC IN THE UNITED amendment intended to be proposed to
STATES. (b) APPLICABILITY.—The amendment made
by subsection (a) shall apply to any action or amendment SA 2499 proposed by Mr.
(a) RESPONSIBILITY.—Chapter 97 of title 28,
omission described in section 1605C of title MCCONNELL to the bill S. 178, to con-
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United States Code, is amended by inserting
after section 1605B the following: 28, United States Code, as added by that sub- demn gross human rights violations of
section, that occurred before, on, or after the ethnic Turkic Muslims in Xinjiang, and
‘‘§ 1605C. Responsibility of foreign states for date of enactment of this Act.
reckless actions or omissions causing the calling for an end to arbitrary deten-
(c) REMOVAL OF IMMUNITY FROM ATTACH-
COVID–19 global pandemic in the United MENT OR EXECUTION.—Section 1610 of title 28,
tion, torture, and harassment of these
States United States Code, is amended— communities inside and outside China;
‘‘(a) RESPONSIBILITY OF FOREIGN STATES.— (1) in subsection (a)(7), by striking ‘‘section which was ordered to lie on the table;
A foreign state shall not be immune from the 1605A or section 1605(a)(7) (as such section as follows:
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4947
At the appropriate place, insert the fol- (ii) the eligible entity shall not be required (3) AMOUNT.—The amount of an advance
lowing: to show that the eligible entity is unable to provided to an eligible entity under this sub-
SEC. ll. FORGIVABLE BUSINESS PHYSICAL DIS- obtain credit elsewhere; and section shall be the lesser of—
ASTER LOANS FOR DAMAGE DUE TO (iii) no collateral shall be required for the (A) 20 percent of the amount requested by
CIVIL UNREST. loan. the eligible entity; or
(a) DEFINITIONS.—In this section— (B) REPAYMENT.—Any payments on a loan (B) $10,000.
(1) the terms ‘‘Administration’’ and ‘‘Ad- made to an eligible entity under paragraph (4) USE OF FUNDS.—An advance received
ministrator’’ mean the Small Business Ad- (1) are deferred until June 30, 2022, and inter- under this subsection shall only be used for
ministration and the Administrator thereof, est shall not begin to accrue until such date. the allowable uses for a loan under sub-
respectively; (5) APPLICATION.— section (b)(1).
(2) the term ‘‘covered period’’ means the (A) IN GENERAL.—Not later than 7 days (5) REPAYMENT.—
period beginning on May 26, 2020 and ending after the date of enactment of this Act, the (A) IN GENERAL.—Except as provided under
on July 1, 2020; and Administrator shall begin to accept applica- subparagraph (B), an eligible entity that re-
(3) the term ‘‘eligible entity’’ means a busi- tions for a loan under paragraph (1). ceives an advance under this subsection shall
ness concern— (B) DEADLINE.—An eligible entity desiring not be required to repay any amounts of the
(A) with average annual receipts (as de- a loan under this subsection shall submit to advance.
fined in section 121.104 of title 13, Code of the Administrator an application not later (B) RETURN OF ADVANCE.—If an applicant
Federal Regulations, or any successor regu- than December 31, 2020. for a loan under subsection (b)(1) is later de-
lation) of not more than $2,000,000; and (C) APPROVAL AND ABILITY TO REPAY.—With termined to be ineligible for the loan be-
(B) that— respect to an applicant for a loan made cause the applicant does not meet the re-
(i) is located within an area for which the under paragraph (1), the Administrator quirements to be an eligible entity described
Administrator declared a disaster in accord- may— in subsection (a)(3), the applicant shall re-
ance with section 123.3(a)(3) of title 13, Code (i) approve the applicant based on the cred- turn to the Administrator any advance
of Federal Regulations, or any successor reg- it score or personal guarantee of the appli- amount provided under this subsection—
ulation, with respect to civil unrest that cant; or (i) not later than 90 days after receiving
began on May 26, 2020 in Minneapolis, Min- (ii) use alternative appropriate methods to notice of the determination of ineligibility;
nesota and spread across the United States; determine the applicant’s ability to repay. or
and (6) USE OF FUNDS.—A recipient of a loan (ii) if the Administrator determines that
(ii) incurred damage to real or personal made under paragraph (1) shall use the loan the applicant submitted the application in
property of the business concern during the proceeds to repair, rehabilitate, or replace bad faith, not later than 30 days after receiv-
covered period as a result of the civil unrest property, real or personal, damaged or de- ing notice of that determination, plus inter-
described in clause (i). stroyed during the covered period as a result est in an amount equal to 4.75 percent of the
(b) BUSINESS PHYSICAL DISASTER LOANS.— of the civil unrest described in subsection advance.
(1) IN GENERAL.—Except as otherwise pro- (a)(3)(B)(i), provided that such damage or de- (d) RESOURCES AND SERVICES IN LANGUAGES
vided in this subsection, an eligible entity struction is not compensated for by insur- OTHER THAN ENGLISH.—The Administrator
shall be eligible for a loan made by the Ad- ance, a grant from a State or local govern- shall provide the resources and services
ministration under section 7(b)(1) of the ment, or otherwise. made available by the Administration relat-
Small Business Act (15 U.S.C. 636(b)(1)) under (7) LOAN FORGIVENESS.— ing to the loans and grants available under
the same terms, conditions, and processes as (A) IN GENERAL.—An eligible entity that this section to eligible entities in the 10
a loan made under such section to repair, re- received a loan made under paragraph (1), or most commonly spoken languages, other
habilitate, or replace property, real or per- an eligible entity that received a loan under than English, in the United States, which
sonal, of the eligible entity that was dam- section 7(b)(1) of the Small Business Act (15 shall include Mandarin, Cantonese, Japa-
aged or destroyed during the covered period U.S.C. 636(b)(1)) before the date of enactment nese, and Korean.
as a result of the civil unrest described in of this Act related to the civil unrest de-
(e) REGULATIONS.—The Administrator shall
subsection (a)(3)(B)(i). scribed in subsection (a)(3)(B)(i), shall be eli-
issue guidance and rules to carry out this
(2) DISASTER DECLARATION.—With respect gible for forgiveness of indebtedness equal to
section.
to the disaster declaration described in sub- 75 percent of the loan amount if the eligible
entity— (f) DIRECT APPROPRIATION.—
section (a)(3)(B)(i) for a loan made under
(i) submits to the Administrator docu- (1) IN GENERAL.—There is appropriated, out
paragraph (1), the requirement under section
mentation of sales for 2019 and 2020 and tax of amounts in the Treasury not otherwise
123.3(a)(3)(ii) of title 13, Code of Federal Reg-
returns for 2019 and 2020; and appropriated, for the fiscal year ending Sep-
ulations, or any successor regulation, that 25
(ii) the eligible entity is in operation as of tember 30, 2020, for an additional amount for
percent or more of the work force in the area
December 31, 2021. ‘‘Small Business Administration—HEAL
would be unemployed for not fewer than 90
(B) AMOUNTS NOT FORGIVEN.—Any remain- Act’’, $80,000,000, to remain available until
days shall not apply.
ing amount of a loan described in subpara- September 30, 2021, for carrying out this sec-
(3) LOAN AMOUNT.—
graph (A) that is not forgiven under this tion.
(A) IN GENERAL.—The amount of a loan
paragraph as of December 31, 2021 shall— (2) EMERGENCY DESIGNATION.—
made under paragraph (1) shall be equal to
(i) be considered a loan made under section (A) IN GENERAL.—The amounts provided
100 percent of the amount required to repair,
7(b)(1) of the Small Business Act (15 U.S.C. under this subsection are designated as an
rehabilitate, or replace property, real or per-
636(b)(1)); emergency requirement pursuant to section
sonal, of the eligible entity that—
(ii) bear an interest rate of 3.75 percent; 4(g) of the Statutory Pay-As-You-Go Act of
(i) was damaged or destroyed during the
and 2010 (2 U.S.C. 933(g)).
covered period as a result of the civil unrest
(iii) have a 30-year term. (B) DESIGNATION IN SENATE.—In the Senate,
described in subsection (a)(3)(B)(i); and
(8) DUPLICATION.—An eligible entity that this subsection is designated as an emer-
(ii) is not compensated for by—
received a loan under subsection (a)(36) or gency requirement pursuant to section
(I) insurance;
(b)(2) of section 7 of the Small Business Act 4112(a) of H. Con. Res. 71 (115th Congress), the
(II) a grant from a State or local govern-
(15 U.S.C. 636) before the date of enactment concurrent resolution on the budget for fis-
ment; or
of this Act shall be eligible for a loan under cal year 2018.
(III) any other means.
(B) DEDUCTION OF ADVANCE AMOUNT.—The paragraph (1) if the proceeds of the loan
amount of any advance received by an eligi- made under such subsection (a)(36) or (b)(2) SA 2570. Mr. TOOMEY submitted an
ble entity under subsection (c) shall be de- are not used for the same expenses as the amendment intended to be proposed by
ducted from the loan amount for the eligible loan under paragraph (1).
him to the bill S. 178, to condemn gross
entity under subparagraph (A). (c) EMERGENCY GRANT.— human rights violations of ethnic
(4) TERMS; CREDIT ELSEWHERE.— (1) IN GENERAL.—An eligible entity that ap-
Turkic Muslims in Xinjiang, and call-
(A) IN GENERAL.—With respect to a loan plies for a loan under subsection (b)(1) may
made to an eligible entity under paragraph request that the Administrator provide an ing for an end to arbitrary detention,
(1)— advance, subject to paragraph (3), to the eli- torture, and harassment of these com-
(i) the Administrator shall waive— gible entity not later than 10 days after the munities inside and outside China;
(I) any rules related the personal guar- date on which the Administrator receives an which was ordered to lie on the table;
SSpencer on DSK126QN23PROD with SENATE
antee on loans of not more than $200,000 dur- application from the eligible entity. as follows:
ing the covered period for all applicants; and (2) VERIFICATION.—Before disbursing
At the appropriate place, insert the fol-
(II) any requirement that an applicant amounts under this subsection, the Adminis-
lowing:
needs to be in business for the 1-year period trator shall verify that the applicant is an
before the civil unrest described in sub- eligible entity by accepting a self-certifi- SEC. ll. FORGIVABLE BUSINESS PHYSICAL DIS-
section (a)(3)(B)(i), except that no waiver cation from the applicant under penalty of ASTER LOANS FOR DAMAGE DUE TO
may be made for an eligible entity that was perjury pursuant to section 1746 of title 28, CIVIL UNREST.
not in operation on January 31, 2020; United States Code. (a) DEFINITIONS.—In this section—
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S4948 CONGRESSIONAL RECORD — SENATE August 5, 2020
(1) the terms ‘‘Administration’’ and ‘‘Ad- (1) are deferred until June 30, 2022, and inter- the allowable uses for a loan under sub-
ministrator’’ mean the Small Business Ad- est shall not begin to accrue until such date. section (b)(1).
ministration and the Administrator thereof, (5) APPLICATION.— (5) REPAYMENT.—
respectively; (A) IN GENERAL.—Not later than 7 days (A) IN GENERAL.—Except as provided under
(2) the term ‘‘covered period’’ means the after the date of enactment of this Act, the subparagraph (B), an eligible entity that re-
period beginning on May 26, 2020 and ending Administrator shall begin to accept applica- ceives an advance under this subsection shall
on July 1, 2020; and tions for a loan under paragraph (1). not be required to repay any amounts of the
(3) the term ‘‘eligible entity’’ means a busi- (B) DEADLINE.—An eligible entity desiring advance.
ness concern— a loan under this subsection shall submit to (B) RETURN OF ADVANCE.—If an applicant
(A) with average annual receipts (as de- the Administrator an application not later for a loan under subsection (b)(1) is later de-
fined in section 121.104 of title 13, Code of than December 31, 2020. termined to be ineligible for the loan be-
Federal Regulations, or any successor regu- (C) APPROVAL AND ABILITY TO REPAY.—With cause the applicant does not meet the re-
lation) of not more than $2,000,000; and respect to an applicant for a loan made quirements to be an eligible entity described
(B) that— under paragraph (1), the Administrator in subsection (a)(3), the applicant shall re-
(i) is located within an area for which the may— turn to the Administrator any advance
Administrator declared a disaster in accord- (i) approve the applicant based on the cred- amount provided under this subsection—
ance with section 123.3(a)(3) of title 13, Code it score or personal guarantee of the appli- (i) not later than 90 days after receiving
of Federal Regulations, or any successor reg- cant; or notice of the determination of ineligibility;
ulation, with respect to civil unrest that (ii) use alternative appropriate methods to or
began on May 26, 2020 in Minneapolis, Min- determine the applicant’s ability to repay. (ii) if the Administrator determines that
nesota and spread across the United States; (6) USE OF FUNDS.—A recipient of a loan the applicant submitted the application in
and made under paragraph (1) shall use the loan bad faith, not later than 30 days after receiv-
(ii) incurred damage to real or personal proceeds to repair, rehabilitate, or replace ing notice of that determination, plus inter-
property of the business concern during the property, real or personal, damaged or de- est in an amount equal to 4.75 percent of the
covered period as a result of the civil unrest stroyed during the covered period as a result advance.
described in clause (i). of the civil unrest described in subsection (d) RESOURCES AND SERVICES IN LANGUAGES
(b) BUSINESS PHYSICAL DISASTER LOANS.— (a)(3)(B)(i), provided that such damage or de- OTHER THAN ENGLISH.—The Administrator
(1) IN GENERAL.—Except as otherwise pro- struction is not compensated for by insur- shall provide the resources and services
vided in this subsection, an eligible entity ance, a grant from a State or local govern- made available by the Administration relat-
shall be eligible for a loan made by the Ad- ment, or otherwise. ing to the loans and grants available under
ministration under section 7(b)(1) of the (7) LOAN FORGIVENESS.— this section to eligible entities in the 10
Small Business Act (15 U.S.C. 636(b)(1)) under (A) IN GENERAL.—An eligible entity that most commonly spoken languages, other
the same terms, conditions, and processes as received a loan made under paragraph (1), or than English, in the United States, which
a loan made under such section to repair, re- an eligible entity that received a loan under shall include Mandarin, Cantonese, Japa-
habilitate, or replace property, real or per- section 7(b)(1) of the Small Business Act (15 nese, and Korean.
sonal, of the eligible entity that was dam- U.S.C. 636(b)(1)) before the date of enactment (e) REGULATIONS.—The Administrator shall
aged or destroyed during the covered period of this Act related to the civil unrest de- issue guidance and rules to carry out this
as a result of the civil unrest described in scribed in subsection (a)(3)(B)(i), shall be eli- section.
subsection (a)(3)(B)(i). gible for forgiveness of indebtedness equal to (f) DIRECT APPROPRIATION.—
(2) DISASTER DECLARATION.—With respect 75 percent of the loan amount if the eligible (1) IN GENERAL.—There is appropriated, out
to the disaster declaration described in sub- entity— of amounts in the Treasury not otherwise
section (a)(3)(B)(i) for a loan made under (i) submits to the Administrator docu- appropriated, for the fiscal year ending Sep-
paragraph (1), the requirement under section mentation of sales for 2019 and 2020 and tax tember 30, 2020, for an additional amount for
123.3(a)(3)(ii) of title 13, Code of Federal Reg- returns for 2019 and 2020; and ‘‘Small Business Administration—HEAL
ulations, or any successor regulation, that 25 (ii) the eligible entity is in operation as of Act’’, $80,000,000, to remain available until
percent or more of the work force in the area December 31, 2021.
September 30, 2021, for carrying out this sec-
would be unemployed for not fewer than 90 (B) AMOUNTS NOT FORGIVEN.—Any remain-
days shall not apply. tion.
ing amount of a loan described in subpara-
(3) LOAN AMOUNT.— (2) EMERGENCY DESIGNATION.—
graph (A) that is not forgiven under this
(A) IN GENERAL.—The amount of a loan (A) IN GENERAL.—The amounts provided
paragraph as of December 31, 2021 shall—
made under paragraph (1) shall be equal to under this subsection are designated as an
(i) be considered a loan made under section
100 percent of the amount required to repair, emergency requirement pursuant to section
7(b)(1) of the Small Business Act (15 U.S.C.
rehabilitate, or replace property, real or per- 4(g) of the Statutory Pay-As-You-Go Act of
636(b)(1));
sonal, of the eligible entity that— 2010 (2 U.S.C. 933(g)).
(ii) bear an interest rate of 3.75 percent;
(i) was damaged or destroyed during the (B) DESIGNATION IN SENATE.—In the Senate,
and
covered period as a result of the civil unrest this subsection is designated as an emer-
(iii) have a 30-year term.
described in subsection (a)(3)(B)(i); and gency requirement pursuant to section
(8) DUPLICATION.—An eligible entity that
(ii) is not compensated for by— 4112(a) of H. Con. Res. 71 (115th Congress), the
received a loan under subsection (a)(36) or
(I) insurance; concurrent resolution on the budget for fis-
(b)(2) of section 7 of the Small Business Act
(II) a grant from a State or local govern- cal year 2018.
(15 U.S.C. 636) before the date of enactment
ment; or of this Act shall be eligible for a loan under
(III) any other means. paragraph (1) if the proceeds of the loan
SA 2571. Mr. JOHNSON submitted an
(B) DEDUCTION OF ADVANCE AMOUNT.—The made under such subsection (a)(36) or (b)(2) amendment intended to be proposed to
amount of any advance received by an eligi- are not used for the same expenses as the amendment SA 2499 proposed by Mr.
ble entity under subsection (c) shall be de- loan under paragraph (1). MCCONNELL to the bill S. 178, to con-
ducted from the loan amount for the eligible (c) EMERGENCY GRANT.— demn gross human rights violations of
entity under subparagraph (A). (1) IN GENERAL.—An eligible entity that ap- ethnic Turkic Muslims in Xinjiang, and
(4) TERMS; CREDIT ELSEWHERE.— plies for a loan under subsection (b)(1) may calling for an end to arbitrary deten-
(A) IN GENERAL.—With respect to a loan request that the Administrator provide an
tion, torture, and harassment of these
made to an eligible entity under paragraph advance, subject to paragraph (3), to the eli-
(1)— gible entity not later than 10 days after the communities inside and outside China;
(i) the Administrator shall waive— date on which the Administrator receives an which was ordered to lie on the table;
(I) any rules related the personal guar- application from the eligible entity. as follows:
antee on loans of not more than $200,000 dur- (2) VERIFICATION.—Before disbursing At the appropriate place, insert the fol-
ing the covered period for all applicants; and amounts under this subsection, the Adminis- lowing:
(II) any requirement that an applicant trator shall verify that the applicant is an SEC. ll. AMENDMENTS TO THE PANDEMIC RE-
needs to be in business for the 1-year period eligible entity by accepting a self-certifi- SPONSE ACCOUNTABILITY COM-
before the civil unrest described in sub- cation from the applicant under penalty of MITTEE.
section (a)(3)(B)(i), except that no waiver perjury pursuant to section 1746 of title 28, (a) APPROPRIATIONS.—
may be made for an eligible entity that was United States Code. (1) IN GENERAL.—The matter under the
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not in operation on January 31, 2020; (3) AMOUNT.—The amount of an advance heading ‘‘Independent Agencies—Pandemic
(ii) the eligible entity shall not be required provided to an eligible entity under this sub- Response Accountability Committee’’ in
to show that the eligible entity is unable to section shall be the lesser of— title V of division B of the CARES Act (Pub-
obtain credit elsewhere; and (A) 20 percent of the amount requested by lic Law 116–136) is amended by striking
(iii) no collateral shall be required for the the eligible entity; or ‘‘funds provided in’’ and inserting ‘‘covered
loan. (B) $10,000. funds as provided in section 15010 of’’.
(B) REPAYMENT.—Any payments on a loan (4) USE OF FUNDS.—An advance received (2) EMERGENCY DESIGNATION.—The amounts
made to an eligible entity under paragraph under this subsection shall only be used for repurposed in the matter under the heading
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4949
‘‘Independent Agencies—Pandemic Response than 120 days after the date of enactment of from the Civil Service Retirement and Dis-
Accountability Committee’’ in title V of di- this Act. ability Fund becomes employed in a position
vision B of the CARES Act (Public Law 116– (3) CONTRACTS AND AGREEMENTS.—A cooper- in the Office of the Special Inspector General
136), as amended by paragraph (1), that were ative agreement or contract that is entered for Pandemic Recovery—
previously designated by the Congress as an into under paragraph (1)— ‘‘(i) the annuity of that annuitant shall
emergency requirement pursuant to the Bal- (A) shall not be subject to any requirement continue; and
anced Budget and Emergency Deficit Control relating to the procurement of matching ‘‘(ii) that reemployed annuitant shall not
Act of 1985 are designated by the Congress as funds under any other provision of law; and be considered to be an employee for the pur-
an emergency requirement pursuant to sec- (B) may contain such terms and conditions poses of chapter 83 or 84 of title 5, United
tion 251(b)(2)(A)(i) of the Balanced Budget as the Secretary requires. States Code.
and Emergency Deficit Control Act of 1985. (d) SUBMISSION OF LIST OF PROJECTS TO ‘‘(B) LIMITATIONS.—Subparagraph (A) shall
(b) DEFINITION OF COVERED FUNDS.—Sec- CONGRESS.—Not later than 180 days after the apply to—
tion 15010(a)(6) of division B of the CARES date of enactment of this Act, and annually ‘‘(i) not more than 25 employees of the Of-
Act (Public Law 116–136) is amended— thereafter for each fiscal year for which fice of the Special Inspector General for Pan-
(1) in subparagraph (A), by striking ‘‘this amounts made available under subsection (b) demic Recovery at any particular time, as
Act’’ and inserting ‘‘divisions A and B of the are expended, the Secretary shall submit to designated by the Special Inspector General;
Coronavirus Aid, Relief, and Economic Secu- the Committee on Energy and Natural Re- and
rity Act (Public Law 116–136)’’; sources of the Senate and the Committee on ‘‘(ii) pay periods beginning after the date
(2) in subparagraph (C), by striking ‘‘or’’ at Natural Resources of the House of Rep- of enactment of this paragraph.’’.
the end; and resentatives a list of projects described in
(3) by striking subparagraph (D) and in- subparagraphs (A) and (B) of subsection (c)(1) SA 2574. Mr. CRAMER (for himself,
serting the following: that— Mr. COTTON, Mr. PERDUE, Mrs. CAPITO,
‘‘(D) the Paycheck Protection Program (1) meet the criteria described in this sec- Mr. MORAN, Mr. BARRASSO, Mr. TILLIS,
and Health Enhancement Act (Public Law tion; and Mr. BLUNT, Mr. BOOZMAN, Ms.
116–139); or (2) have been, or are expected to be, funded
‘‘(E) the Coronavirus Relief Fair Unem- from amounts made available under sub-
MCSALLY, Ms. MURKOWSKI, Mr. DAINES,
ployment Compensation Act of 2020; and’’. section (b). Mrs. LOEFFLER, Mr. WICKER, Mr.
(c) APPOINTMENT OF CHAIRPERSON.—Section ROUNDS, and Mr. LANKFORD) submitted
15010(c) of division B of the CARES Act (Pub- SA 2573. Mr. GRASSLEY submitted an amendment intended to be proposed
lic Law 116–136) is amended— an amendment intended to be proposed to amendment SA 2499 proposed by Mr.
(1) in paragraph (1), by striking ‘‘and (D)’’ to amendment SA 2499 proposed by Mr. MCCONNELL to the bill S. 178, to con-
and inserting ‘‘(D), and (E)’’; and
MCCONNELL to the bill S. 178, to con- demn gross human rights violations of
(2) in paragraph (2)(E), by inserting ‘‘of the
Council’’ after ‘‘Chairperson’’. demn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary deten-
SA 2572. Mr. DAINES submitted an calling for an end to arbitrary deten- tion, torture, and harassment of these
amendment intended to be proposed to tion, torture, and harassment of these communities inside and outside China;
amendment SA 2499 proposed by Mr. communities inside and outside China; which was ordered to lie on the table;
MCCONNELL to the bill S. 178, to con- which was ordered to lie on the table; as follows:
demn gross human rights violations of as follows: At the appropriate place, insert the fol-
ethnic Turkic Muslims in Xinjiang, and At the appropriate place, insert the fol- lowing:
calling for an end to arbitrary deten- lowing: SEC. ll. LOAN FORGIVENESS FOR PPP LOANS
tion, torture, and harassment of these SEC. lll. SPECIAL INSPECTOR GENERAL FOR UNDER $150,000.
communities inside and outside China; PANDEMIC RECOVERY. Section 1106 of the CARES Act (15 U.S.C.
which was ordered to lie on the table; Section 4018(e) of the CARES Act (15 U.S.C. 9005) is amended—
as follows: 9053) is amended— (1) in subsection (e), in the matter pre-
(1) in paragraph (1)— ceding paragraph (1), by striking ‘‘An eligi-
At the appropriate place, insert the fol-
(A) by striking ‘‘The Special’’ and insert- ble’’ and inserting ‘‘Except as provided in
lowing:
ing the following: subsection (m), an eligible’’;
SEC. ll. ESTABLISHMENT AND USE OF TRAIL
STEWARDSHIP FOR ECONOMIC RE-
‘‘(A) IN GENERAL.—Subject to subparagraph (2) in subsection (f), by inserting ‘‘or the
COVERY FUND. (B), the Special’’; and information required under subsection (m),
(a) ESTABLISHMENT.—There is established (B) by adding at the end the following: as applicable’’ after ‘‘subsection (e)’’;
in the Treasury of the United States a fund, ‘‘(B) ADDITIONAL AUTHORITIES.— (3) by striking subsection (h) and inserting
to be known as the ‘‘Trail Stewardship for ‘‘(i) IN GENERAL.—Subject to clause (ii), the the following:
Economic Recovery Fund’’ (referred to in Special Inspector General may exercise any ‘‘(h) HOLD HARMLESS.—
this section as the ‘‘Fund’’). authority provided to the head of a tem- ‘‘(1) IN GENERAL.—A lender may rely on all
(b) DEPOSIT INTO THE FUND.—On the date of porary organization under section 3161 of certifications and documentation submitted
enactment of this Act, out of amounts in the title 5, United States Code, without regard by an applicant or eligible recipient pursu-
Treasury not otherwise obligated, the Sec- to whether the Office of the Special Inspec- ant to any requirement in statute regarding
retary of the Treasury shall deposit into the tor General for Pandemic Recovery qualifies covered loans, or rules or guidance promul-
Fund $200,000,000, to remain available until as a temporary organization under sub- gated to carry out any action relating to
expended and without further appropriation section (a) of that section. covered loans, from an applicant or eligible
or fiscal year limitation, to carry out the ‘‘(ii) LIMITATIONS.—With respect to the ex- recipient attesting that the applicant or eli-
purposes described in subsection (c). ercise of authority under subsection (b) of gible recipient has accurately verified all
(c) USE OF FUND.— section 3161 of title 5, United States Code, as documentation provided to the lender.
(1) IN GENERAL.—The Secretary of Agri- permitted under clause (i) of this subpara- ‘‘(2) NO ENFORCEMENT ACTION.—With re-
culture, acting through the Chief of the For- graph— spect to a lender that relies on the certifi-
est Service (referred to in this section as the ‘‘(I) the Special Inspector General may not cations and documentation described in
‘‘Secretary’’), shall use amounts in the Fund make any appointment under that sub- paragraph (1)—
to enter into cooperative agreements or con- section on or after the later of— ‘‘(A) no enforcement or other action may
tracts with an outfitter or guide to com- ‘‘(aa) the date that is 180 days after the be taken against the lender relating to loan
plete, on National Forest System land— date of enactment of this subparagraph; or origination, forgiveness, or guarantee based
(A) trail maintenance projects; and ‘‘(bb) the date that is 180 days after the on such reliance, including claims under—
(B) additional invasive plant and noxious date on which the Special Inspector General ‘‘(i) the Small Business Act (15 U.S.C. 631
weed prevention and control projects. is confirmed by the Senate; et seq.);
(2) PREFERENCE.—In entering into coopera- ‘‘(II) paragraph (2) of that subsection (re- ‘‘(ii) sections 3729 through 3733 of title 31,
tive agreements or contracts under para- lating to periods of appointments) shall not United States Code (commonly known as the
graph (1), the Secretary shall— apply; and ‘False Claims Act’);
(A) give preference to projects described in ‘‘(III) no period of an appointment made ‘‘(iii) the Financial Institutions Reform,
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subparagraphs (A) and (B) of paragraph (1) under that subsection may extend after the Recovery, and Enforcement Act (Public Law
that can be performed in an area that the date on which the Office of the Special In- 101–73);
Secretary has selected as a priority area spector General for Pandemic Recovery ter- ‘‘(iv) section 21 of the Federal Deposit In-
under section 5 of the National Forest Sys- minates under subsection (h).’’; and surance Act (12 U.S.C. 1829b), chapter 2 of
tem Trails Stewardship Act (16 U.S.C. 583k– (2) by adding at the end the following: title I of Public Law 91–508 (12 U.S.C. 1951 et
3); and ‘‘(5) REEMPLOYMENT OF ANNUITANTS.— seq.), and subchapter II of chapter 53 of title
(B) expedite projects with the goal of initi- ‘‘(A) IN GENERAL.—Subject to subparagraph 31, United States Code (collectively known
ating the majority of the projects not later (B), if an annuitant receiving an annuity as the ‘Bank Secrecy Act’); or
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S4950 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘(v) any other Federal, State, or other (i) has a household income, at the time of ter, such excess shall be treated as an over-
criminal or civil law or regulation; and the nonpayment or underpayment, that does payment that shall be refunded under sec-
‘‘(B) the lender shall not be subject to any not exceed 135 percent of the Federal poverty tions 6402(a) and 6413(b) of the Internal Rev-
penalties relating to loan origination, for- guidelines (as determined by the Secretary enue Code of 1986.
giveness, or guarantee based on such reli- of Health and Human Services); (B) TREATMENT OF PAYMENTS.—For pur-
ance.’’; and (ii) is unable to make a full payment due poses of section 1324 of title 31, United States
(4) by adding at the end the following: specifically to the economic impact of the Code, any amounts due to an employer under
‘‘(m) FORGIVENESS FOR COVERED LOANS national emergency described in paragraph this paragraph shall be treated in the same
UNDER $150,000.— (3); and manner as a refund due from a credit provi-
‘‘(1) IN GENERAL.—Notwithstanding sub- (iii) provides sufficient documentation to sion referred to in subsection (b)(2) of such
section (e), with respect to a covered loan the provider to show that the customer section.
made to an eligible recipient that is not meets the criteria under clauses (i) and (ii); (c) DEFINITIONS.—For purposes of this sec-
more than $150,000, the covered loan amount (3) the term ‘‘COVID–19 emergency period’’ tion—
shall be forgiven under this section if the eli- means the period during which the national (1) APPLICABLE EMPLOYMENT TAXES.—The
gible recipient submits to the lender a one- emergency declaration by the President term ‘‘applicable employment taxes’’ means
page online or paper form, to be established under the National Emergencies Act (50 the following:
by the Administrator not later than 7 days U.S.C. 1601 et seq.) with respect to the (A) The taxes imposed under section 3111(a)
after the date of enactment of this sub- Coronavirus Disease 2019 (COVID–19) is in ef- of the Internal Revenue Code of 1986.
section, that attests that the eligible recipi- fect; and (B) So much of the taxes imposed under
ent complied with the requirements under (4) the term ‘‘small business broadband section 3221(a) of such Code as are attrib-
section 7(a)(36) of the Small Business Act (15 provider’’ means a broadband provider that utable to the rate in effect under section
U.S.C. 636(a)(36)). provides broadband service to fewer than 3111(a) of such Code.
‘‘(2) HOLD HARMLESS.—With respect to a 500,000 customers. (2) ELIGIBLE EMPLOYER.—
lender that relies on an attestation sub- (c) FUNDING.— (A) IN GENERAL.—The term ‘‘eligible em-
mitted by an eligible recipient under para- (1) APPROPRIATION.—Out of any funds in ployer’’ means any employer—
graph (1), no enforcement action may be the Treasury not otherwise appropriated, (i) which was carrying on a trade or busi-
taken against the lender for any falsehoods there is appropriated to the Commission ness at any time during calendar quarter,
contained in the attestation. $2,000,000,000 for fiscal year 2020, to remain and
‘‘(3) DEMOGRAPHIC INFORMATION.—The on- available until expended, to reimburse small (ii) which has not more than 2,000 full-time
line or paper form established by the Admin- business broadband providers for the costs of equivalent employees (within the meaning of
istrator under paragraph (1) shall include a carrying out a covered program. section 45R(d)(2) of the Internal Revenue
means by which an eligible recipient may, at (2) RULES.—The Commission shall promul- Code of 1986) for the taxable year.
the discretion of the eligible recipient, sub- gate rules on an expedited basis, and without (B) TAX-EXEMPT ORGANIZATIONS.—In the
case of an organization which is described in
mit demographic information of the owner of regard to section 553 of title 5, United States
section 501(c) of the Internal Revenue Code
the eligible recipient, including the sex, Code, regarding the provision of reimburse-
of 1986 and exempt from tax under section
race, ethnicity, and veteran status of the ments to small business broadband providers
501(a) of such Code, subparagraph (A)(i) shall
owner. under paragraph (1).
apply to all operations of such organization.
‘‘(n) ENFORCEMENT ACTION AGAINST BOR-
SA 2576. Mr. CRAMER submitted an (3) QUALIFIED EXPENSES.—For purposes of
ROWERS.—An eligible recipient of a covered
this section—
loan may only be subject to an enforcement amendment intended to be proposed to (A) IN GENERAL.—The term ‘‘qualified ex-
action or penalty relating to loan origina- amendment SA 2499 proposed by Mr. penses’’ means any amount paid or incurred
tion, forgiveness, or guarantee of the covered MCCONNELL to the bill S. 178, to con- after February 1, 2020, for—
loan if the eligible recipient commits fraud
demn gross human rights violations of (i) qualified equipment and services for the
or expends covered loan proceeds on expenses
ethnic Turkic Muslims in Xinjiang, and purposes of preventing infection related to
that are not allowable under section
calling for an end to arbitrary deten- SARS–CoV–2, or
7(a)(36)(F) of the Small Business Act (15
tion, torture, and harassment of these (ii) the reconfiguration of facilities for
U.S.C. 636(a)(36)(F)).’’. such purposes, or
communities inside and outside China; (iii) qualified education and training of
SA 2575. Mr. CRAMER submitted an which was ordered to lie on the table; employees for new business procedures re-
amendment intended to be proposed to as follows: lated to preventing COVID–19 transmission.
amendment SA 2499 proposed by Mr. At the end, add the following: (B) QUALIFIED EQUIPMENT AND SERVICES.—
MCCONNELL to the bill S. 178, to con- SEC. ll. TAX CREDIT FOR SAFETY IMPROVE- The term ‘‘qualified equipment and services’’
demn gross human rights violations of MENTS. means—
ethnic Turkic Muslims in Xinjiang, and (a) IN GENERAL.—In the case of an eligible (i) any product or material which—
calling for an end to arbitrary deten- employer, there shall be allowed as a credit (I) serves as personal protective equipment
against applicable employment taxes for or as a barrier erected to prevent virus
tion, torture, and harassment of these
each calendar quarter an amount equal to 50 spread between customers and employees, in-
communities inside and outside China; percent of the qualified expenses paid or in- cluding plexiglass installed at cashiers and
which was ordered to lie on the table; curred by such employer during such cal- other counters, and partitions to separate
as follows: endar quarter. customers,
At the appropriate place, insert the fol- (b) LIMITATIONS AND REFUNDABILITY.— (II) is a disinfectant product registered by
lowing: (1) LIMITATION.—The qualified fixed ex- the Administrator of the Environmental
SEC. lll. KEEPING CRITICAL CONNECTIONS penses which may be taken into account Protection Agency for which the Adminis-
EMERGENCY FUND. under subsection (a) by any eligible em- trator of the Environmental Protection
(a) SHORT TITLE.—This section may be ployer for any calendar quarter shall not ex- Agency has approved an emerging viral
cited as the ‘‘Keeping Critical Connections ceed— pathogen claim that applies with respect to
Act of 2020’’. (A) in the case of any calendar quarter be- use against SARS–CoV–2,
(b) DEFINITIONS.—In this section— ginning in 2020, $500,000, and (III) is a thermometer, or
(1) the term ‘‘Commission’’ means the Fed- (B) in the case of any calendar quarter be- (IV) is approved by the Food and Drug Ad-
eral Communications Commission; ginning after 2020, $250,000. ministration for testing for COVID–19 (in-
(2) the term ‘‘covered program’’ means a (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT cluding diagnosic testing and serology test-
program established by a small business TAXES.—The credit allowed by subsection (a) ing to detect antibodies) by the eligible em-
broadband provider under which the small with respect to any calendar quarter shall ployer, in conjunction with a certified
business broadband provider, at any time not exceed the applicable employment taxes diagnostics laboratory or health care pro-
during the COVID–19 emergency period, vol- for such calendar quarter (reduced by any vider,
untarily— credits allowed under subsections (e) and (f) (ii) any—
(A) provides a customer with free or dis- of section 3111 of such Code, sections 7001 and (I) contactless point-of-sale system,
counted broadband service, or free upgrades 7003 of the Families First Coronavirus Re- (II) new software and technology to assist
of existing service to meet certain capacity sponse Act, and section 2301 of the CARES in maintaining social distancing,
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and speed needs, due specifically to the pres- Act, for such quarter) on the wages paid with (III) application for reporting employee
ence of a student in the household of the cus- respect to the employment of all the employ- symptom or providing wellness checks, and
tomer who needs distance learning capa- ees of the eligible employer for such calendar (IV) property used to enable curbside pick-
bility; or quarter. up or delivery services,
(B) refrains from disconnecting broadband (3) REFUNDABILITY OF EXCESS CREDIT.— (iii) hand sanitizer,
service provided to an existing customer due (A) IN GENERAL.—If the amount of the cred- (iv) any sign related to public health
to nonpayment or underpayment if the cus- it under subsection (a) exceeds the limita- awareness, social distancing, or altered serv-
tomer— tion of paragraph (2) for any calendar quar- ices such as curbside pickups, and
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4951
(v) services for— (3) with respect to the application of the At the appropriate place, insert the fol-
(I) cleaning and disinfecting, or credit under subsection (a) to third-party lowing:
(II) testing for COVID–19 by a certified payors (including professional employer or- SEC. lll. HAZARDOUS DUTY PAY FOR MEM-
diagnostics laboratory, and ganizations, certified professional employer BERS OF THE ARMED FORCES PER-
(vi) such other equipment or technology as organizations, or agents under section 3504 of FORMING DUTY IN RESPONSE TO
determined by the Secretary, in consultation the Internal Revenue Code of 1986), including THE CORONAVIRUS DISEASE 2019.
with the Secretary of Labor, the Secretary regulations or guidance allowing such payors (a) IN GENERAL.—The Secretary of the
of Health and Human Services, the Director to submit documentation necessary to sub- military department concerned shall pay
of the Centers for Disease Control and Pre- stantiate the eligible employer status of em- hazardous duty pay under this section to a
vention, the Commissioner of the Food and ployers that use such payors, member of a regular or reserve component of
Drug Administration, the Secretary of Vet- (4) for recapturing the benefit of credits de- the Armed Forces who—
erans Affairs, the Secretary of Defense, and termined under this section in cases where (1) performs duty in response to the
the Secretary of Agriculture, determines is there is a subsequent adjustment to the cred- Coronavirus Disease 2019 (COVID–19); and
necessary and appropriate for preventing it determined under subsection (a), and (2) is entitled to basic pay under section
COVID–19 and is recommended as part of the (5) for providing the benefit of the credit 204 of title 37, United States Code, or com-
Federal government’s recommendations for under subsection (a) to taxpayers who have pensation under section 206 of such title, for
safe workplaces. already filed returns for calendar quarters the performance of such duty.
Such term shall not include any equipment ending before the date of the enactment of
which is not for use in the United States or this Act. (b) REGULATIONS.—Hazardous duty pay
any service which is not conducted in the (j) APPLICATION OF SECTION.—This section shall be payable under this section in accord-
United States. shall apply only to qualified fixed expenses ance with regulations prescribed by the Sec-
(C) QUALIFIED EDUCATION AND TRAINING.— paid or accrued in calendar quarters ending retary of Defense. Such regulations shall
The term ‘‘qualified education and training’’ on or after February 1, 2020, and beginning specify the duty in response to the
means education or training provided by an before January 1, 2022. Coronavirus Disease 2019 qualifying a mem-
accredited training institution, an industry- ber for payment of such pay under this sec-
recognized trade association, or another non- SA 2577. Mr. BARRASSO submitted tion.
profit entity. an amendment intended to be proposed (c) AMOUNT.—The amount of hazardous
(4) SECRETARY.—The term ‘‘Secretary’’ to amendment SA 2499 proposed by Mr. duty pay paid a member under this section
means the Secretary of the Treasury or the MCCONNELL to the bill S. 178, to con- shall be such amount per month, not less
Secretary’s delegate. than $150 per month, as the Secretary of De-
demn gross human rights violations of
(d) AGGREGATION RULE.—All persons treat- fense shall specify in the regulations under
ed as a single employer under subsection (a) ethnic Turkic Muslims in Xinjiang, and subsection (b).
or (b) of section 52 of the Internal Revenue calling for an end to arbitrary deten-
(d) MONTHLY PAYMENT; NO PRORATION.—
Code of 1986, or subsection (m) or (o) of sec- tion, torture, and harassment of these (1) MONTHLY PAYMENT.—Hazardous duty
tion 414 of such Code, shall be treated as one communities inside and outside China; pay under this section shall be paid on a
employer for purposes of this section. which was ordered to lie on the table; monthly basis.
(e) DENIAL OF DOUBLE BENEFIT.—For pur- as follows: (2) NO PRORATION.—Hazardous duty pay is
poses of chapter 1 of such Code, the gross in-
At the appropriate place, insert the fol- payable to a member under this section for a
come of any eligible employer, for the tax-
lowing: month if the member performs any duty in
able year which includes the last day of any
SEC. ll. EXPEDITED PERMITTING AUTHORITY that month qualifying the person for pay-
calendar quarter with respect to which a
FOR BROADBAND DEPLOYMENT ON ment of such pay.
credit is allowed under this section, shall be
FEDERAL LAND. (e) MONTHS FOR WHICH PAYABLE.—Haz-
increased by the amount of such credit.
(f) ELECTION NOT TO HAVE SECTION (a) DEFINITIONS.—In this section: ardous duty pay is payable under this sec-
APPLY.—This section shall not apply with re- (1) FEDERAL LAND.—The term ‘‘Federal tion for qualifying duty performed in months
spect to any eligible employer for any cal- land’’ means land owned by the Federal Gov- occurring during the period—
endar quarter if such employer elects (at ernment. (1) beginning on January 1, 2020; and
such time and in such manner as the Sec- (2) SECRETARY CONCERNED.—The term ‘‘Sec- (2) ending on December 31, 2020.
retary may prescribe) not to have this sec- retary concerned’’ means the Secretary of
(f) CONSTRUCTION WITH OTHER PAY.—Haz-
tion apply. the department that administers the Federal
ardous duty pay payable to a member under
(g) TRANSFERS TO CERTAIN TRUST FUNDS.— land on which a project described in sub-
this section is in addition to the following:
There are hereby appropriated to the Federal section (b) is carried out.
(1) Any other pay and allowances to which
Old-Age and Survivors Insurance Trust Fund (b) EXPEDITED PERMITTING AUTHORITY.—
the member is entitled by law.
and the Federal Disability Insurance Trust The Secretary concerned shall expedite the
(2) Any other hazardous duty pay to which
Fund established under section 201 of the So- approval of permits for a project for the de-
the member is entitled under section 351 of
cial Security Act (42 U.S.C. 401) and the So- ployment of broadband infrastructure on
title 37, United States Code (or any other
cial Security Equivalent Benefit Account es- highway or road rights-of-way, easements, or
provision of law), for duty that also con-
tablished under section 15A(a) of the Rail- other licensed or permitted access points on
stitutes qualifying duty for payment of such
road Retirement Act of 1974 (45 U.S.C. 231n– Federal land, including by waiving any ap-
pay under this section.
1(a)) amounts equal to the reduction in reve- plicable requirements for the approval of
those permits, as the Secretary concerned (g) SENSE OF SENATE.—It is the sense of the
nues to the Treasury by reason of this sec-
determines to be appropriate. Senate that the Secretary of Defense should
tion (without regard to this subsection).
(c) REQUIREMENTS.— also authorize hazardous duty pay for mem-
Amounts appropriated by the preceding sen-
(1) MANAGEMENT.—The holder of a permit bers of the Armed Forces not under orders
tence shall be transferred from the general
described in subsection (b) shall be respon- specific to the response to the Coronavirus
fund at such times and in such manner as to
sible for the management and oversight of a Disease 2019 who provide—
replicate to the extent possible the transfers
project described in that subsection. (1) healthcare in a military medical treat-
which would have occurred to such Trust
(2) RIGHT-OF-WAY.—A project described in ment facility for individuals infected with
Fund or Account had this section not been
subsection (b) shall be carried out in accord- the Coronavirus Disease 2019; or
enacted.
(h) TREATMENT OF DEPOSITS.—The Sec- ance with requirements of the applicable (2) technical or administrative support for
retary shall waive any penalty under section right-of-way, except that a reclamation bond the provision of healthcare as described in
6656 of such Code for any failure to make a shall not be required for the project. paragraph (1).
deposit of applicable employment taxes if (d) TERMINATION OF AUTHORITY.—The au-
the Secretary determines that such failure thority provided by this section shall termi-
SA 2579. Ms. ERNST submitted an
was due to the anticipation of the credit al- nate effective July 1, 2021.
amendment intended to be proposed to
lowed under this section. amendment SA 2499 proposed by Mr.
(i) REGULATIONS AND GUIDANCE.—The Sec- SA 2578. Ms. ERNST submitted an
retary shall issue such forms, instructions, amendment intended to be proposed to MCCONNELL to the bill S. 178, to con-
regulations, and guidance as are necessary— amendment SA 2499 proposed by Mr. demn gross human rights violations of
(1) to allow the advance payment of the MCCONNELL to the bill S. 178, to con- ethnic Turkic Muslims in Xinjiang, and
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credit under subsection (a), subject to the demn gross human rights violations of calling for an end to arbitrary deten-
limitations provided in this section, based on ethnic Turkic Muslims in Xinjiang, and tion, torture, and harassment of these
such information as the Secretary shall re- communities inside and outside China;
calling for an end to arbitrary deten-
quire, which was ordered to lie on the table;
(2) to provide for the reconciliation of such tion, torture, and harassment of these
communities inside and outside China; as follows:
advance payment with the amount of the
credit at the time of filing the return of tax which was ordered to lie on the table; At the appropriate place, insert the fol-
for the applicable quarter or taxable year, as follows: lowing:
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S4952 CONGRESSIONAL RECORD — SENATE August 5, 2020
SEC. ll. PROHIBITION ON THE PURCHASE OF (2) The table of sections for chapter 96 of which an individual may be otherwise enti-
DOGS AND CATS FROM WET MAR- subtitle H of such Code is amended by adding tled.
KETS IN CHINA USING FEDERAL (d) EFFECTIVE DATE.—The amendments
at the end the following new item:
FUNDS. made by this section shall apply to weeks of
(a) DEFINITION OF WET MARKET.—In this unemployment beginning on or after the
section, the term ‘‘wet market’’ means a ‘‘Sec. 9043. Termination.’’.
date of the enactment of this Act.
marketplace—
(1) where fresh meat, fish, and live animals SA 2581. Ms. ERNST submitted an SA 2582. Ms. ERNST (for herself, Mr.
are bought, sold, and slaughtered; and amendment intended to be proposed to ALEXANDER, Mr. BLUNT, Mr. YOUNG,
(2) that is not regulated under any stand- amendment SA 2499 proposed by Mr. and Mr. DAINES) submitted an amend-
ardized sanitary or health inspection proc- MCCONNELL to the bill S. 178, to con- ment intended to be proposed to
esses that meet applicable standards re- demn gross human rights violations of
quired for similar establishments in the amendment SA 2499 proposed by Mr.
ethnic Turkic Muslims in Xinjiang, and MCCONNELL to the bill S. 178, to con-
United States, as determined by the Sec- calling for an end to arbitrary deten-
retary of Agriculture. demn gross human rights violations of
(b) PROHIBITION.—Notwithstanding any tion, torture, and harassment of these ethnic Turkic Muslims in Xinjiang, and
other provision of law, no Federal funds communities inside and outside China; calling for an end to arbitrary deten-
made available by any law may be used by which was ordered to lie on the table; tion, torture, and harassment of these
the Federal Government, or any recipient of as follows: communities inside and outside China;
the Federal funds under a contract, grant, At the end, add the following: which was ordered to lie on the table;
subgrant, or other assistance, to purchase
from a wet market in China—
SEC. 3. PROHIBITING PAYMENT OF PANDEMIC as follows:
UNEMPLOYMENT ASSISTANCE AND
(1) a live cat, dog, or other animal; At the appropriate place, insert the fol-
FEDERAL PANDEMIC UNEMPLOY-
(2) a carcass, any part, or any item con- MENT COMPENSATION TO MILLION- lowing:
taining any part of a cat, dog, or other ani- AIRES. TITLE ll—
mal; or (a) PANDEMIC UNEMPLOYMENT ASSIST- DEPARTMENT OF HEALTH AND HUMAN
(3) any other animal product. ANCE.—Section 2102 of the Relief for Workers SERVICES
Affected by Coronavirus Act (contained in ADMINISTRATION FOR CHILDREN AND FAMILIES
SA 2580. Ms. ERNST submitted an subtitle A of title II of division A of the BACK TO WORK CHILD CARE GRANTS
amendment intended to be proposed by CARES Act (Public Law 116–136)) is amend- For an additional amount for ‘‘Back to
her to the bill S. 178, to condemn gross ed— Work Child Care Grants’’, $10,000,000,000, to
human rights violations of ethnic (1) in subsection (a)(3)(B)— remain available through September 30, 2021,
Turkic Muslims in Xinjiang, and call- (A) in clause (i), by striking ‘‘or’’ at the to prevent, prepare for, and respond to
ing for an end to arbitrary detention, end; coronavirus, domestically or internation-
torture, and harassment of these com- (B) in clause (ii), by striking the period at ally, which shall be for activities to carry
the end and inserting ‘‘; or’’; and out Back to Work Child Care Grants to
munities inside and outside China;
(C) by adding at the end the following new qualified child care providers, for a transi-
which was ordered to lie on the table; clause:
as follows: tion period of not more than 9 months to as-
‘‘(iii) an individual whose adjusted gross sist in paying for fixed costs and increased
At the end, add the following: income is equal to or greater than operating expenses due to COVID–19, and to
SEC. ll. TERMINATION OF TAXPAYER FINANC- $1,000,000.’’; and
ING OF PRESIDENTIAL ELECTION
reenroll children in an environment that
(2) by adding at the end the following new supports the health and safety of children
CAMPAIGNS.
subsection: and staff: Provided, That such amount is des-
(a) TERMINATION OF DESIGNATION OF INCOME ‘‘(i) PROHIBITION ON ASSISTANCE TO MIL-
TAX PAYMENTS.—Section 6096 of the Internal ignated by the Congress as being for an
LIONAIRES.— emergency requirement pursuant to section
Revenue Code of 1986 is amended by adding ‘‘(1) COMPLIANCE.—Any application for as-
at the end the following new subsection: 251(b)(2)(A)(i) of the Balanced Budget and
sistance authorized under subsection (b) Emergency Deficit Control Act of 1985.
‘‘(d) TERMINATION.—This section shall not
apply to taxable years beginning after De- shall include a form or procedure for an indi- SEC. ll. (a) PURPOSE.—The purpose of
cember 31, 2019.’’. vidual applicant to certify that such indi- this section is to support the recovery of the
(b) TERMINATION OF FUND AND ACCOUNT.— vidual is not prohibited from receiving such United States economy by providing assist-
(1) TERMINATION OF PRESIDENTIAL ELECTION assistance pursuant to subsection ance to aid in reopening child care programs,
CAMPAIGN FUND.— (a)(3)(B)(iii). and maintaining the availability of child
(A) IN GENERAL.—Chapter 95 of subtitle H ‘‘(2) AUDITS.—The certifications required care in the United States, so that parents
of such Code is amended by adding at the end by paragraph (1) shall be auditable by the can access safe child care and return to
the following new section: Department of Labor or the Government Ac- work.
‘‘SEC. 9013. TERMINATION. countability Office.’’. (b) DEFINITIONS.—In this section:
‘‘The provisions of this chapter shall not (b) FEDERAL PANDEMIC UNEMPLOYMENT (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
apply with respect to any Presidential elec- COMPENSATION.—Section 2104(b) of the Relief The term ‘‘COVID–19 public health emer-
tion (or any Presidential nominating conven- for Workers Affected by Coronavirus Act gency’’ means the public health emergency
tion) after the date of the enactment of this (contained in subtitle A of title II of division declared by the Secretary of Health and
section, or to any candidate in such an elec- A of the CARES Act (Public Law 116–136)), as Human Services under section 319 of the
tion.’’. amended by section 2(b)(1)(B), is amended by Public Health Service Act (42 U.S.C. 247d) on
(B) TRANSFER OF REMAINING FUNDS.—Sec- adding at the end the following new para- January 31, 2020, with respect to COVID–19,
tion 9006 of such Code is amended by adding graph: including any renewal of such declaration.
at the end the following new subsection: ‘‘(4) PROHIBITION ON COMPENSATION TO MIL- (2) ELIGIBLE CHILD CARE PROVIDER.—The
‘‘(d) TRANSFER OF FUNDS REMAINING AFTER LIONAIRES.— term ‘‘eligible child care provider’’ means—
TERMINATION.—The Secretary shall transfer ‘‘(A) IN GENERAL.—Federal Pandemic Un- (A) an eligible child care provider as de-
the amounts in the fund as of the date of the employment Compensation shall not be pay- fined in section 658P(6)(A) of the Child Care
enactment of this subsection to the Depart- able to any individual whose adjusted gross and Development Block Grant Act of 1990 (42
ment of Health and Human Services to be income is equal to or greater than $1,000,000. U.S.C. 9858n(6)(A)); and
used to acquire unexpired personal protec- ‘‘(B) COMPLIANCE.—Any application for reg- (B) a child care provider that—
tive equipment (including face masks) for ular compensation shall include a form or (i) is license-exempt and operating legally
the strategic national stockpile under sec- procedure for an individual applicant to cer- in the State;
tion 319F–2 of the Public Health Service tify that such individual is not prohibited (ii) is not providing child care services to
Act.’’. from receiving Federal Pandemic Unemploy- relatives; and
(2) TERMINATION OF ACCOUNT.—Chapter 96 of ment Compensation pursuant to subpara- (iii) satisfies State and local requirements,
subtitle H of such Code is amended by adding graph (A). including those referenced in section
at the end the following new section: ‘‘(C) AUDITS.—The certifications required 658E(c)(2)(I) of the Child Care and Develop-
‘‘SEC. 9043. TERMINATION. by subparagraph (B) shall be auditable by ment Block Grant Act of 1990 ((42 U.S.C.
‘‘The provisions of this chapter shall not the Department of Labor or the Government 9858c)(c)(2)(I)).
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apply to any candidate with respect to any Accountability Office.’’. (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
Presidential election after the date of the (c) RULE OF CONSTRUCTION.—Nothing in The terms ‘‘Indian tribe’’ and ‘‘tribal organi-
enactment of this section.’’. this section, or any amendment made by this zation’’ have the meanings given the terms
(c) CLERICAL AMENDMENTS.— section, may be construed to apply to reg- in section 658P of the Child Care and Devel-
(1) The table of sections for chapter 95 of ular compensation or extended compensation opment Block Grant Act of 1990 (42 U.S.C.
subtitle H of such Code is amended by adding (as such terms are defined by section 205 of 9858n).
at the end the following new item: the Federal-State Extended Unemployment (4) LEAD AGENCY.—The term ‘‘lead agency’’
‘‘Sec. 9013. Termination.’’. Compensation Act (26 U.S.C. 3304 note)) to has the meaning given the term in section
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4953
658P of the Child Care and Development in accordance with paragraphs (1) and (2) of grants to qualified child care providers as de-
Block Grant Act of 1990 (42 U.S.C. 9858n). subsection (a), and subsection (b), of section scribed in the lead agency’s assurances pur-
(5) QUALIFIED CHILD CARE PROVIDER.—The 658O of the Child Care and Development suant to subsection (f);
term ‘‘qualified child care provider’’ means Block Grant Act of 1990 (42 U.S.C. 9858m), for (B) shall reserve not more than 6 percent of
an eligible child care provider with an appli- the grants described in subsection (c). the funds to—
cation approved under subsection (g) for the (f) ASSURANCES.—A State, Indian tribe, or (i) use not less than 1 percent of the funds
program involved. tribal organization that receives a grant to provide technical assistance and support
(6) SECRETARY.—The term ‘‘Secretary’’ under subsection (c) shall provide to the Sec- in applying for and accessing funding
means the Secretary of Health and Human retary assurances that the lead agency will— through such subgrants to eligible child care
Services. (1) require as a condition of subgrant fund- providers, including to rural providers, fam-
(7) STATE.—The term ‘‘State’’ has the ing under subsection (g) that each eligible ily child care providers, and providers with
meaning given the term in section 658P of child care provider applying for a subgrant limited administrative capacity; and
the Child Care and Development Block Grant from the lead agency— (ii) use the remainder of the reserved funds
Act of 1990 (42 U.S.C. 9858n). (A) has been an eligible child care provider to—
(c) GRANTS FOR CHILD CARE PROGRAMS.— in continuous operation and serving children (I) administer subgrants to qualified child
From the funds appropriated to carry out through a child care program immediately care providers under paragraph (4), which
this section, the Secretary shall make Back prior to March 1, 2020; shall include monitoring the compliance of
to Work Child Care grants to States, Indian (B) agree to follow all applicable State, qualified child care providers with applicable
tribes, and tribal organizations, that submit local, and tribal health and safety require- State, local, and tribal health and safety re-
notices of intent to provide assurances under ments and, if applicable, enhanced protocols quirements; and
subsection (d)(2). The grants shall provide for for child care services and related to COVID– (II) comply with the reporting and docu-
subgrants to qualified child care providers, 19 or another health or safety condition; mentation requirements described in sub-
for a transition period of not more than 9 (C) agree to comply with the documenta- section (h); and
months, to assist in paying for fixed costs tion and reporting requirements under sub- (C)(i) shall not make more than 1 subgrant
and increased operating expenses due to section (h); and under paragraph (4) to a qualified child care
COVID–19 and to reenroll children in an envi- (D) certify in good faith that the child care provider, except as described in clause (ii);
ronment that supports the health and safety program of the provider will remain open for and
of children and staff. not less than 1 year after receiving such a (ii) may make multiple subgrants to a
(d) PROCESS FOR ALLOCATION OF FUNDS.— subgrant, unless such program is closed due qualified child care provider, if the lead
(1) ALLOCATION.—Any funds that are appro- to extraordinary circumstances, including a agency makes each subgrant individually for
priated to carry out this section shall be dis- state of emergency declared by the Governor 1 child care program operated by the pro-
tributed by the Secretary to the Administra- or a major disaster or emergency declared by vider and the funds from the multiple sub-
tion for Children and Families for distribu- the President under section 401 or 501, re- grants are not pooled for use for more than
tion under the Child Care and Development spectively, of the Robert T. Stafford Disaster 1 of the programs.
Block Grant Act of 1990 (42 U.S.C. 9857 et Relief and Emergency Assistance Act (42 (2) ROLE OF THIRD PARTY.—The lead agency
seq.) in accordance with subsection (e)(2). U.S.C. 5170, 5191); may designate a third party, such as a child
(2) NOTICE.—Not later than 7 days after (2) ensure eligible child care providers in care resource and referral agency, to carry
funds are appropriated to carry out this sec- urban, suburban, and rural areas can readily out the responsibilities of the lead agency,
tion, the Secretary shall provide to States, apply for and access funding under this sec- and oversee the activities conducted by
Indian tribes, and tribal organizations a no- tion, which shall include the provision of qualified child care providers under this sub-
tice of funding availability for Back to Work technical assistance either directly or section.
Child Care grants under subsection (c) from through resource and referral agencies or (3) OBLIGATION AND RETURN OF FUNDS.—
allotments and payments under subsection staffed family child care provider networks; (A) OBLIGATION.—
(e)(2). The Secretary shall issue a notice of (3) ensure that subgrant funds are made (i) IN GENERAL.—The lead agency shall ob-
the funding allocations for each State, In- available to eligible child care providers re- ligate at least 50 percent of the grant funds
dian tribe, and tribal organization not later gardless of whether the eligible child care in the portion described in paragraph (1)(A)
than 14 days after funds are appropriated to provider is providing services for which as- for subgrants to qualified child care pro-
carry out this section. sistance is made available under the Child viders by the day that is 6 months after the
(3) NOTICE OF INTENT.—Not later than 14 Care and Development Block Grant Act of date of enactment of this Act.
days after issuance of a notice of funding al- 1990 (42 U.S.C. 9857 et seq.) at the time of ap- (ii) WAIVERS.—At the request of a State,
locations under paragraph (1), a State, In- plication for a subgrant; Indian tribe, or tribal organization, and for
dian tribe, or tribal organization that seeks (4) through at least December 31, 2020, con- good cause shown, the Secretary may waive
such a grant shall submit to the Secretary a tinue to expend funds provided under the the requirement under clause (i) for the
notice of intent to provide assurances for Child Care and Development Block Grant State, Indian tribe, or tribal organization.
such grant. The notice of intent shall include Act of 1990 (42 U.S.C. 9857 et seq.) for the pur- (B) RETURN OF FUNDS.—Not later than the
a certification that the State, Indian tribe, pose of continuing payments and assistance date that is 12 months after a grant is award-
or tribal organization will repay the grant to qualified child care providers on the basis ed to a lead agency in accordance with this
funds if such State, Indian tribe, or tribal or- of applicable reimbursements prior to March section, the lead agency shall return to the
ganization fails to provide assurances that 2020; Secretary any of the grant funds that are not
meet the requirements of subsection (f) or to (5) undertake a review of burdensome obligated by the lead agency by such date.
comply with such an assurance. State, local, and tribal regulations and re- The Secretary shall return any funds re-
(4) GRANTS TO LEAD AGENCIES.—The Sec- quirements that hinder the opening of new ceived under this subparagraph to the Treas-
retary may make grants under subsection (c) licensed child care programs to meet the ury of the United States.
to the lead agency of each State, Indian needs of the working families in the State or (4) SUBGRANTS.—
tribe, or tribal organization, upon receipt of tribal community, as applicable; (A) IN GENERAL.—A lead agency that re-
the notice of intent to provide assurances for (6) make available to the public, which ceives a grant under subsection (c) shall
such grant. shall include, at a minimum, posting to an make subgrants to qualified child care pro-
(5) PROVISION OF ASSURANCES.—Not later internet website of the lead agency— viders to assist in paying for fixed costs and
than 15 days after receiving the grant, the (A) notice of funding availability through increased operating expenses, for a transi-
State, Indian tribe, or tribal organization subgrants for qualified child care providers tion period of not more than 9 months, so
shall provide assurances that meet the re- under this section; and that parents have a safe place for their chil-
quirements of subsection (f). (B) the criteria for awarding subgrants for dren to receive child care as the parents re-
(e) FEDERAL RESERVATION; ALLOTMENTS qualified child care providers, including the turn to the workplace.
AND PAYMENTS.— methodology the lead agency used to deter- (B) USE OF FUNDS.—A qualified child care
(1) RESERVATION.—The Secretary shall re- mine and disburse funds in accordance with provider may use subgrant funds for—
serve not more than 1 percent of the amount subparagraphs (D) and (E) of subsection (i) sanitation and other costs associated
appropriated to carry out this section to pay (g)(4); and with cleaning the facility, including deep
for the costs of the Federal administration of (7) ensure the maintenance of a delivery cleaning in the case of an outbreak of
this section. The amount appropriated to system of child care services throughout the COVID–19, of a child care program used to
carry out this section and reserved under State that provides for child care in a vari- provide child care services;
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this paragraph shall remain available ety of settings, including the settings of fam- (ii) recruiting, retaining, and compen-
through fiscal year 2021. ily child care providers. sating child care staff, including providing
(2) ALLOTMENTS AND PAYMENTS.—The Sec- (g) LEAD AGENCY USE OF FUNDS.— professional development to the staff related
retary shall use the remaining portion of (1) IN GENERAL.—A lead agency that re- to child care services and applicable State,
such amount to make allotments and pay- ceives a Back to Work Child Care grant local, and tribal health and safety require-
ments, to States, Indian tribes, and tribal or- under this section— ments and, if applicable, enhanced protocols
ganizations that submit a notice of intent (A) shall use a portion that is not less than for child care services and related to COVID–
under subsection (d)(3) to provide assurances, 94 percent of the grant funds to award sub- 19 or another health or safety condition;
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S4954 CONGRESSIONAL RECORD — SENATE August 5, 2020
(iii) paying for fixed operating costs associ- less than 1 year after receiving a subgrant (A) LEAD AGENCY REPORT.—A lead agency
ated with providing child care services, in- under this paragraph, unless such program is receiving a grant under subsection (c) shall,
cluding the costs of payroll, the continu- closed due to extraordinary circumstances not later than 12 months after receiving such
ation of existing (as of March 1, 2020) em- described in subsection (f)(1)(D). grant, submit a report to the Secretary that
ployee benefits, mortgage or rent, utilities, (D) SUBGRANT DISBURSEMENT.—In providing includes for the State or tribal community
and insurance; funds through a subgrant under this para- involved a description of the program of sub-
(iv) acquiring equipment and supplies (in- graph— grants carried out to meet the objectives of
cluding personal protective equipment) nec- (i) the lead agency shall— this section, including—
essary to provide child care services in a (I) disburse such subgrant funds to a quali- (i) a description of how the lead agency de-
manner that is safe for children and staff in fied child care provider in installments made termined—
accordance with applicable State, local, and not less than once monthly; (I) the criteria for awarding subgrants for
tribal health and safety requirements; (II) disburse a subgrant installment for a qualified child care providers, including the
(v) replacing materials that are no longer month after the qualified child care provider methodology the lead agency used to deter-
safe to use as a result of the COVID–19 public has provided, before that month, the enroll- mine and disburse funds in accordance with
health emergency; ment, attendance, and revenue data required subparagraphs (D) and (E) of subsection
(vi) making facility changes and repairs to under subparagraph (C)(ii)(I) and, if applica- (g)(4); and
address enhanced protocols for child care ble, current operating capacity data required (II) the types of providers that received
services related to COVID–19 or another under subparagraph (C)(i)(II); and priority for the subgrants, including consid-
health or safety condition, to ensure chil- (III) make subgrant installments to any erations related to—
dren can safely occupy a child care facility; qualified child care provider for a period of (aa) setting;
(vii) purchasing or updating equipment and not more than 9 months; and (bb) average monthly revenues, enroll-
supplies to serve children during nontradi- (ii) the lead agency may, notwithstanding ment, and attendance, before and during the
tional hours; subparagraph (E)(i), disburse an initial COVID–19 public health emergency and after
(viii) adapting the child care program or subgrant installment to a provider in a the expiration of State, local, and tribal
curricula to accommodate children who have greater amount than that subparagraph pro- stay-at-home orders; and
not had recent access to a child care setting; vides for, and adjust the succeeding install- (cc) geographically based child care service
(ix) carrying out any other activity related ments, as applicable. needs across the State or tribal community;
to the child care program of a qualified child (E) SUBGRANT INSTALLMENT AMOUNT.—The and
care provider; and lead agency— (ii) the number of eligible child care pro-
(x) reimbursement of expenses incurred be- (i) shall determine the amount of a viders in operation and serving children on
fore the provider received a subgrant under subgrant installment under this paragraph March 1, 2020, and the average number of
this paragraph, if the use for which the ex- by basing the amount on— such providers for March 2020 and each of the
penses are incurred is described in any of (I)(aa) at a minimum, the fixed costs asso- 11 months following, disaggregated by age of
clauses (i) though (ix) and is disclosed in the ciated with the provision of child care serv- children served, geography, region, center-
subgrant application for such subgrant. ices by a qualified child care provider; and based child care setting, and family child
(C) SUBGRANT APPLICATION.—To be quali- (bb) at the election of the lead agency, an care setting;
fied to receive a subgrant under this para-
additional amount determined by the State, (iii) the number of child care slots, in the
graph, an eligible child care provider shall
for the purposes of assisting qualified child capacity of a qualified child care provider
submit an application to the lead agency in
care providers with, as applicable, increased given applicable group size limits and staff-
such form and containing such information
operating costs and lost revenue, associated to-child ratios, that were open for attend-
as the lead agency may reasonably require,
with the COVID–19 public health emergency; ance of children on March 1, 2020, the aver-
including—
and age number of such slots for March 2020 and
(i) a budget plan that includes—
(II) any other methodology that the lead each of 11 months following, disaggregated
(I) information describing how the eligible
agency determines to be appropriate, and by age of children served, geography, region,
child care provider will use the subgrant
funds to pay for fixed costs and increased op- which is disclosed in reporting submitted by center-based child care setting, and family
erating expenses, including, as applicable, the lead agency under subsection (f)(6)(B); child care setting;
payroll, employee benefits, mortgage or (ii) shall ensure that, for any period for (iv)(I) the number of qualified child care
rent, utilities, and insurance, described in which subgrant funds are disbursed under providers that received a subgrant under
subparagraph (B)(iii); this paragraph, no qualified child care pro- subsection (g)(4), disaggregated by age of
(II) data on current operating capacity, vider receives a subgrant installment that children served, geography, region, center-
taking into account previous operating ca- when added to current revenue for that pe- based child care setting, and family child
pacity for a period of time prior to the riod exceeds the revenue for the cor- care setting, and the average and range of
COVID–19 public health emergency, and up- responding period 1 year prior; and the amounts of the subgrants awarded; and
dated group size limits and staff-to-child ra- (iii) may factor in decreased operating ca- (II) the percentage of all eligible child care
tios; pacity due to updated group size limits and providers that are qualified child care pro-
(III) child care enrollment, attendance, and staff-to-child ratios, in determining subgrant viders that received such a subgrant,
revenue projections based on current oper- installment amounts. disaggregated as described in subclause (I);
ating capacity and previous enrollment and (F) REPAYMENT OF SUBGRANT FUNDS.—A and
revenue for the period described in subclause qualified child care provider that receives a (v) information concerning how qualified
(II); and subgrant under this paragraph shall be re- child care providers receiving subgrants
(IV) a demonstration of how the subgrant quired to repay the subgrant funds if the under subsection (g)(4) used the subgrant
funds will assist in promoting the long-term lead agency determines that the provider funding received, disaggregated by the allow-
viability of the eligible child care provider fails to provide the assurances described in able uses of funds described in subsection
and how the eligible child care provider will subparagraph (C)(ii)(II), or to comply with (g)(4)(B).
sustain its operations after the cessation of such an assurance. (B) REPORT TO CONGRESS.—Not later than
funding under this section; (5) SUPPLEMENT NOT SUPPLANT.—Amounts 90 days after receiving the lead agency re-
(ii) assurances that the eligible child care made available to carry out this section ports required under subparagraph (A), the
provider will— shall be used to supplement and not supplant Secretary shall make publicly available and
(I) report to the lead agency, before every other Federal, State, tribal, and local public provide to the Committee on Health, Edu-
month for which the subgrant funds are to be funds expended to provide child care serv- cation, Labor, and Pensions of the Senate
received, data on current financial charac- ices, including funds provided under the and the Committee on Education and Labor
teristics, including revenue, and data on cur- Child Care and Development Block Grant of the House of Representatives a report
rent average enrollment and attendance; Act of 1990 (42 U.S.C. 9857 et seq.) and State summarizing the findings of the lead agency
(II) not artificially suppress revenue, en- and tribal child care programs. reports.
rollment, or attendance for the purposes of (h) DOCUMENTATION AND REPORTING RE- (i) EXCLUSION FROM INCOME.—For purposes
receiving subgrant funding; QUIREMENTS.— of the Internal Revenue Code of 1986, gross
(III) provide the necessary documentation (1) DOCUMENTATION.—A State, Indian tribe, income shall not include any amount re-
under subsection (h) to the lead agency, in- or tribal organization receiving a grant ceived by a qualified child care provider
cluding providing documentation of expendi- under subsection (c) shall provide docu- under this section.
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tures of subgrant funds; and mentation of any State or tribal expendi- (j) AUTHORIZATION OF APPROPRIATIONS.—
(IV) implement all applicable State, local, tures from grant funds received under sub- There are authorized to be appropriated such
and tribal health and safety requirements section (c) in accordance with section sums as may be necessary to carry out the
and, if applicable, enhanced protocols for 658K(b) of the Child Care Development Block activities under this section.
child care services and related to COVID–19 Grant Act of 1990 (42 U.S.C. 9858i(b)), and to
or another health or safety condition; and the independent entity described in that sec- SA 2583. Ms. ERNST submitted an
(iii) a certification in good faith that the tion. amendment intended to be proposed to
child care program will remain open for not (2) REPORTS.— amendment SA 2499 proposed by Mr.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4955
MCCONNELL to the bill S. 178, to con- (d) REPORTING.—Any employer that makes At the appropriate place, insert the fol-
demn gross human rights violations of a payment described in subsection (a) during lowing:
ethnic Turkic Muslims in Xinjiang, and a calendar year shall include the amount of TITLE ll—DEPARTMENT OF HEALTH
such payment as a separately stated item on AND HUMAN SERVICES
calling for an end to arbitrary deten- any written statement required under sec-
tion, torture, and harassment of these ADMINISTRATION FOR CHILDREN AND FAMILIES
tion 6051 of the Internal Revenue Code of
communities inside and outside China; 1986. PAYMENTS TO STATES FOR THE CHILD CARE AND
which was ordered to lie on the table; DEVELOPMENT BLOCK GRANT
SEC. 204. TEMPORARY SUSPENSION OF PAYROLL
as follows: TAXES. For an additional amount for ‘‘Payments
At the end, add the following: (a) IN GENERAL.—Notwithstanding any to States for the Child Care and Develop-
other provision of law, with respect to remu- ment Block Grant’’, $15,000,000,000, to remain
TITLE II—FRNT LINE ACT available through September 30, 2021, to pre-
neration received by a COVID–19 front-line
SEC. 201. SHORT TITLE. vent, prepare for, and respond to
employee for pay periods ending after the ef-
This title may be cited as the ‘‘Financial fective date of this Act and before the date coronavirus, domestically or internation-
Relief Noting The Large Impact Of Our Na- described in section 2(3)(B), the rate of tax ally, including for Federal administrative
tion’s Essential Employees (FRNT LINE) under 3101(a) of the Internal Revenue Code of expenses, which shall be used to supplement,
Act’’. 1986 shall be 0 percent (including for purposes not supplant State, territory, and Tribal
SEC. 202. DEFINITIONS. of determining the applicable percentage general revenue funds for child care assist-
For purposes of this title: under sections 3201(a) and 3211(a) of such ance for low-income families within the
(1) COVID–19 FRONT-LINE EMPLOYEE.—The Code). United States (including territories) without
term ‘‘COVID–19 front-line employee’’ means (b) LIMITATION.— regard to requirements in subparagraph (D)
an employee— (1) IN GENERAL.—Subsection (a) shall not or (E) of section 658E(c)(3) or section 658G of
(A) whose principal place of employment apply to any COVID–19 front-line employee the Child Care and Development Block Grant
during the COVID–19 emergency period is on whose annual wages for the calendar year is Act: Provided, That funds provided under this
the employer’s premises or at a prescribed expected to exceed $50,000. heading in this Act may be used to provide
work place that is not home of the employee, (2) GUIDANCE.—The Secretary shall pre- continued payments and assistance to child
and scribed regulations or other guidance for care providers in the case of decreased en-
(B) who— purposes of determining the amount of ex- rollment or closures related to coronavirus,
(i) is identified as essential critical infra- pected annual wages for nonsalaried employ- and to assure they are able to remain open
structure workforce pursuant to the guid- ees, including for situations in which an em- or reopen as appropriate and applicable: Pro-
ance issued on March 19, 2020, by Cybersecu- ployee expects annual wages in excess of the vided further, That States, territories, and
rity and Infrastructure Security Agency of amount described in paragraph (1) from more Tribes are encouraged to place conditions on
the Department of Homeland Security (in- than 1 employer. payments to child care providers that ensure
cluding any revisions to such guidance made (c) EMPLOYER NOTIFICATION.—The Sec- that child care providers use a portion of
after such date), retary of the Treasury shall notify employ- funds received to continue to pay the sala-
(ii) performs restaurant and foodservice ers of the payroll tax suspension period in ries and wages of staff: Provided further, That
work, including carryout, drive-thru, or food any manner the Secretary deems appro- the Secretary shall remind States that
delivery work, requiring physical interaction priate. CCDBG State plans do not need to be amend-
(d) TRANSFERS OF FUNDS.— ed prior to utilizing existing authorities in
with individuals or food products, or
(1) TRANSFERS TO FEDERAL OLD-AGE AND the CCDBG Act for the purposes provided
(iii) performs educational work, school nu-
SURVIVORS INSURANCE TRUST FUND.—There herein: Provided further, That States, terri-
trition work, and other work required to op-
are hereby appropriated to the Federal Old tories, and Tribes are authorized to use funds
erate a school facility, including early child-
Age and Survivors Trust Fund and the Fed- appropriated under this heading in this Act
hood programs, preschool programs, elemen- to provide child care assistance to health
tary and secondary education, and higher eral Disability Insurance Trust Fund estab-
lished under section 201 of the Social Secu- care sector employees, emergency respond-
education. ers, sanitation workers, and other workers
(2) COVID–19 EMERGENCY PERIOD.—The rity Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by deemed essential during the response to
term ‘‘COVID–19 emergency period’’ means coronavirus by public officials, without re-
the period— reason of the application of section 4.
Amounts appropriated by the preceding sen- gard to the income eligibility requirements
(A) beginning on April 1, 2020, and of section 658P(4) of such Act: Provided fur-
tence shall be transferred from the general
(B) ending on the earlier of— ther, That funds appropriated under this
fund at such times and in such manner as to
(i) the last day of the first month in which heading in this Act shall be available to eli-
replicate to the extent possible the transfers
the emergency involving Federal primary re- gible child care providers under section
which would have occurred to such Trust
sponsibility determined to exist by the 658P(6) of the CCDBG Act, even if such pro-
Fund had such amendments not been en-
President under section 501(b) of the Robert viders were not receiving CCDBG assistance
acted.
T. Stafford Disaster Relief and Emergency prior to the public health emergency as a re-
(2) TRANSFERS TO SOCIAL SECURITY EQUIVA-
Assistance Act (42 U.S.C. 5191(b)) with re- sult of the coronavirus and any renewal of
LENT BENEFIT ACCOUNT.—There are hereby
spect to the Coronavirus Disease 2019 such declaration pursuant to such section
appropriated to the Social Security Equiva-
(COVID–19) is no longer in effect, or lent Benefit Account established under sec- 319, for the purposes of cleaning and sanita-
(ii) December 31, 2020. tion 15A(a) of the Railroad Retirement Act tion, and other activities necessary to main-
(3) OTHER TERMS.—Any term used in this of 1974 (45 U.S.C. 231n–1(a)) amounts equal to tain or resume the operation of programs:
title which is used in chapter 2 of the Inter- the reduction in revenues to the Treasury by Provided further, That payments made under
nal Revenue Code of 1986 shall have the reason of the application of section 4. this heading in this Act may be obligated in
meaning given such term under such chap- Amounts appropriated by the preceding sen- this fiscal year or the succeeding 2 fiscal
ter. tence shall be transferred from the general years: Provided further, That funds appro-
SEC. 203. EXCLUSION FROM GROSS INCOME FOR fund at such times and in such manner as to priated under this heading in this Act may
CERTAIN COMPENSATION OF be made available to restore amounts, either
FRONT-LINE EMPLOYEES FOR ES-
replicate to the extent possible the transfers
which would have occurred to such account directly or through reimbursement, for obli-
SENTIAL INDUSTRIES DURING THE
COVID–19 NATIONAL EMERGENCY. had such amendments not been enacted. gations incurred to prevent, prepare for, and
(e) COORDINATION WITH OTHER FEDERAL respond to coronavirus, domestically or
(a) IN GENERAL.—For purposes of the Inter-
LAWS.—For purposes of applying any provi- internationally, prior to the date of enact-
nal Revenue Code of 1986, gross income shall
sion of Federal law other than the provisions ment of this Act: Provided further, That such
not include any wages received during the
COVID-19 emergency period by an individual of the Internal Revenue Code of 1986, the rate amount is designated by Congress as being
who is a COVID-19 front-line employee for of tax in effect under section 3101(a) of such for an emergency requirement pursuant to
employment as a COVID–19 front-line em- Code shall be determined without regard to section 251(b)(2)(A)(i) of the Balanced Budget
ployee. the reduction in such rate under this section. and Emergency Deficit Control Act of 1985.
(b) LIMITATION.—The amount of wages ex-
cluded from gross income under subsection SA 2584. Ms. ERNST (for herself and SA 2585. Ms. ERNST (for herself and
(a) for any month shall not exceed $8,803.50 Mr. YOUNG) submitted an amendment Mrs. CAPITO) submitted an amendment
for any month during any part of which such intended to be proposed to amendment intended to be proposed to amendment
SSpencer on DSK126QN23PROD with SENATE
COVID–19 front-line employee earned income SA 2499 proposed by Mr. MCCONNELL to SA 2499 proposed by Mr. MCCONNELL to
as an essential critical infrastructure em- the bill S. 178, to condemn gross human the bill S. 178, to condemn gross human
ployee. rights violations of ethnic Turkic Mus- rights violations of ethnic Turkic Mus-
(c) SPECIAL RULE FOR CHILD TAX CREDIT
AND EARNED INCOME CREDIT.—For purposes of
lims in Xinjiang, and calling for an end lims in Xinjiang, and calling for an end
sections 24 and 32 of the Internal Revenue to arbitrary detention, torture, and to arbitrary detention, torture, and
Code of 1986, an taxpayer may elect to treat harassment of these communities in- harassment of these communities in-
amounts excluded from gross income by rea- side and outside China; which was or- side and outside China; which was or-
son of subsection (a) as earned income. dered to lie on the table; as follows: dered to lie on the table; as follows:
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S4956 CONGRESSIONAL RECORD — SENATE August 5, 2020
At the appropriate place, insert the fol- ‘‘(B) The individual is at least 2 but not 6 ‘‘(7) MILEAGE RATE.—For purposes of this
lowing: years of age and is unable due to a loss of section, the mileage rate for the use of a pas-
SEC. lll. CREDIT FOR FAMILY CAREGIVERS. functional capacity to perform (without sub- senger automobile shall be the standard
(a) IN GENERAL.—Subpart A of part IV of stantial assistance from another individual) mileage rate used to calculate the deductible
subchapter A of chapter 1 of the Internal at least 2 of the following activities: eating, costs of operating an automobile for medical
Revenue Code of 1986 is amended by inserting transferring, or mobility. purposes. Such rate may be used in lieu of
after section 25D the following new section: ‘‘(C) The individual is under 2 years of age actual automobile-related travel expenses.
‘‘SEC. 25E. FAMILY CAREGIVERS. and requires specific durable medical equip- ‘‘(8) COORDINATION WITH ABLE ACCOUNTS.—
‘‘(a) ALLOWANCE OF CREDIT.—In the case of ment by reason of a severe health condition Qualified expenses for a taxable year shall
an eligible caregiver, there shall be allowed or requires a skilled practitioner trained to not include contributions to an ABLE ac-
as a credit against the tax imposed by this address the individual’s condition to be count (as defined in section 529A).
chapter for the taxable year an amount available if the individual’s parents or ‘‘(f) PHASE OUT BASED ON ADJUSTED GROSS
equal to 30 percent of the qualified expenses guardians are absent. INCOME.—For purposes of this section—
paid by the taxpayer during the taxable year ‘‘(e) QUALIFIED EXPENSES.—For purposes of ‘‘(1) IN GENERAL.—The amount of the credit
to the extent that such expenses exceed this section— allowable under subsection (a) shall be re-
$2,000. ‘‘(1) IN GENERAL.—Subject to paragraph (4), duced (but not below zero) by $100 for each
‘‘(b) LIMITATION.— the term ‘qualified expenses’ means expendi- $1,000 (or fraction thereof) by which the tax-
‘‘(1) IN GENERAL.—The amount allowed as a tures for goods, services, and supports that— payer’s modified adjusted gross income ex-
credit under subsection (a) for the taxable ‘‘(A) assist a qualified care recipient with ceeds the threshold amount.
year shall not exceed $3,000. accomplishing activities of daily living (as ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.—
‘‘(2) ADJUSTMENT FOR INFLATION.—In the defined in section 7702B(c)(2)(B)) and instru- The term ‘modified adjusted gross income’
case of any taxable year beginning after 2020, mental activities of daily living (as defined means adjusted gross income increased by
the dollar amount contained in paragraph (1) in section 1915(k)(6)(F) of the Social Security any amount excluded from gross income
shall be increased by an amount equal to the Act (42 U.S.C. 1396n(k)(6)(F))), under section 911, 931, or 933.
product of— ‘‘(B) are provided solely for use by such
‘‘(3) THRESHOLD AMOUNT.—The term
‘‘(A) such dollar amount, and qualified care recipient, and
‘threshold amount’ means—
‘‘(B) the medical care cost adjustment de- ‘‘(C) are made after March 13, 2020 and be-
‘‘(A) $150,000 in the case of a joint return,
termined under section 213(d)(10)(B)(ii) for fore January 1, 2022.
and
the calendar year in which the taxable year ‘‘(2) ADJUSTMENT FOR OTHER TAX BENE-
‘‘(B) $75,000 in any other case.
begins, determined by substituting ‘2019’ for FITS.—The amount of qualified expenses oth-
‘‘(4) INDEXING.—In the case of any taxable
‘1996’ in subclause (II) thereof. erwise taken into account under paragraph
year beginning in a calendar year after 2020,
If any increase determined under the pre- (1) with respect to an individual shall be re-
each dollar amount contained in paragraph
ceding sentence is not a multiple of $50, such duced by the sum of any amounts paid for
the benefit of such individual for the taxable (3) shall be increased by an amount equal to
increase shall be rounded to the next lowest
year which are— the product of—
multiple of $50.
‘‘(A) taken into account under section 21 or ‘‘(A) such dollar amount, and
‘‘(c) ELIGIBLE CAREGIVER.—For purposes of
this section, the term ‘eligible caregiver’ 213, or ‘‘(B) the cost-of-living adjustment deter-
means an individual who, during the taxable ‘‘(B) excluded from gross income under sec- mined under section (1)(f)(3) for the calendar
year, pays or incurs qualified expenses in tion 129, 223(f), or 529A(c)(1)(B). year in which the taxable year begins, by
connection with providing care for a quali- ‘‘(3) GOODS, SERVICES, AND SUPPORTS.—For substituting ‘calendar year 2019’ for ‘cal-
fied care recipient. purposes of paragraph (1), goods, services, endar year 2016’ in subparagraph (A)(ii)
‘‘(d) QUALIFIED CARE RECIPIENT.—For pur- and supports (as defined by the Secretary) thereof.
poses of this section— shall include— ‘‘(5) ROUNDING RULE.—If any increase deter-
‘‘(1) IN GENERAL.—The term ‘qualified care ‘‘(A) human assistance, supervision, cuing mined under paragraph (4) is not a multiple
recipient’ means, with respect to any taxable and standby assistance, of $50, such increase shall be rounded to the
year, any individual who— ‘‘(B) assistive technologies and devices (in- next lowest multiple of $50.
‘‘(A) is the spouse of the eligible caregiver, cluding remote health monitoring), ‘‘(g) IDENTIFICATION OF ELIGIBLE CAREGIVER
or any other person who bears a relationship ‘‘(C) environmental modifications (includ- WITH CARE RECIPIENT (QUALIFIED CARE RE-
to the eligible caregiver described in any of ing home modifications), CIPIENT) IDENTIFICATION REQUIREMENT.—No
subparagraphs (A) through (H) of section ‘‘(D) health maintenance tasks (such as credit shall be allowed under this section to
152(d)(2), and medication management), a taxpayer with respect to any qualified care
‘‘(B) has been certified, before the due date ‘‘(E) information, recipient unless the taxpayer includes the
for filing the return of tax for the taxable ‘‘(F) transportation of the qualified care name and taxpayer identification number of
year, by a licensed health care practitioner recipient, such individual, and the identification num-
(as defined in section 7702B(c)(4)) as being an ‘‘(G) nonhealth items (such as incontinence ber of the licensed health care practitioner
individual with long-term care needs de- supplies), and certifying such individual, on the return of
scribed in paragraph (3) for a period— ‘‘(H) coordination of and services for people tax for the taxable year.’’.
‘‘(i) which is at least 180 consecutive days, who live in their own home, a residential set- (b) CLERICAL AMENDMENT.—The table of
and ting, or a nursing facility, as well as the cost sections for subpart A of part IV of sub-
‘‘(ii) a portion of which occurs within the of care in these or other locations. chapter A of chapter 1 of such Code is
taxable year. ‘‘(4) QUALIFIED EXPENSES FOR ELIGIBLE amended by inserting after the item relating
‘‘(2) PERIOD FOR MAKING CERTIFICATION.— CAREGIVERS.—For purposes of paragraph (1), to section 25D the following new item:
Notwithstanding paragraph (1)(B), a certifi- the following shall be treated as qualified ex- ‘‘Sec. 25E. Family caregivers.’’.
cation shall not be treated as valid unless it penses if paid or incurred by an eligible care- (c) EFFECTIVE DATE.—The amendments
is made within the 391⁄2-month period ending giver: made by this section shall apply to taxable
on such due date (or such other period as the ‘‘(A) Expenditures for respite care for a years beginning after December 31, 2019.
Secretary prescribes). qualified care recipient.
‘‘(3) INDIVIDUALS WITH LONG-TERM CARE ‘‘(B) Expenditures for counseling, support SA 2586. Mr. DAINES submitted an
NEEDS.—An individual is described in this groups, or training relating to caring for a
paragraph if the individual meets any of the qualified care recipient.
amendment intended to be proposed to
following requirements: ‘‘(C) Lost wages for unpaid time off due to amendment SA 2499 proposed by Mr.
‘‘(A) The individual is at least 6 years of caring for a qualified care recipient as MCCONNELL to the bill S. 178, to con-
age and— verified by an employer. demn gross human rights violations of
‘‘(i) is unable to perform (without substan- ‘‘(D) Travel costs of the eligible caregiver ethnic Turkic Muslims in Xinjiang, and
tial assistance from another individual) at related to caring for a qualified care recipi- calling for an end to arbitrary deten-
least 2 activities of daily living (as defined in ent. tion, torture, and harassment of these
section 7702B(c)(2)(B)) due to a loss of func- ‘‘(E) Expenditures for technologies, as de- communities inside and outside China;
tional capacity, or termined by the Secretary, that assist an eli-
‘‘(ii) requires substantial supervision to gible caregiver in providing care for a quali-
which was ordered to lie on the table;
protect such individual from threats to fied care recipient. as follows:
SSpencer on DSK126QN23PROD with SENATE
health and safety due to severe cognitive im- ‘‘(5) HUMAN ASSISTANCE.—The term ‘human At the appropriate place, insert the fol-
pairment and is unable to perform, without assistance’ includes the costs of a direct care lowing:
reminding or cuing assistance, at least 1 ac- worker. SEC. lll. PASS-THROUGH OF PORTION OF
tivity of daily living (as so defined) or to the ‘‘(6) DOCUMENTATION.—An expense shall not STATE CORONAVIRUS RELIEF FUND
extent provided in regulations prescribed by be taken into account under this section un- TO LOCAL GOVERNMENTS.
the Secretary (in consultation with the Sec- less the eligible caregiver substantiates such (a) PASS-THROUGH REQUIREMENT.—Sub-
retary of Health and Human Services), is un- expense under such regulations or guidance section (b) of section 601 of the Social Secu-
able to engage in age appropriate activities. as the Secretary shall provide. rity Act (42 U.S.C. 801) is amended—
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4957
(1) in paragraph (1), by striking ‘‘Subject (3) ELIGIBLE ENTITY.—The term ‘‘eligible (C) HOLD HARMLESS.—An eligible entity ap-
to paragraph (2)’’ and inserting ‘‘Subject to entity’’— plying for a grant under this subsection shall
paragraphs (2) and (3)’’; and (A) means a restaurant, food stand, food not be ineligible for a grant if the eligible
(2) by adding at the end the following truck, food cart, caterer, saloon, inn, tavern, entity is able to document—
‘‘(3) PASS-THROUGH REQUIREMENT.—Each bar, lounge, brewpub, tasting room, taproom, (i) an inability to rehire individuals who
State shall distribute 45 percent of the licensed facility or premise of a beverage al- were employees of the eligible entity on Feb-
amount paid to the State under this section cohol producer where the public may taste, ruary 15, 2020; and
for fiscal year 2020 (after the application of sample, or purchase products, or other simi- (ii) an inability to hire similarly qualified
paragraph (2)) upon receipt on a pass- lar place of business in which the public or employees for unfilled positions on or before
through basis, and without requiring any ap- patrons assemble for the primary purpose of December 31, 2020.
plication, to each unit of local government being served food or drink; (4) PRIORITY IN AWARDING GRANTS.—During
in the State that is not a large unit of local (B) includes an entity described in subpara- the initial 14-day period in which the Sec-
government that received a direct payment graph (A) that is located in an airport ter- retary awards grants under this subsection,
under this section in accordance with para- minal; and the Secretary shall—
graph (2). The preceding distribution require- (C) does not include an entity described in (A) prioritize awarding grants to
ment shall not apply to the District of Co- subparagraph (A) that— marginalized and underrepresented commu-
lumbia.’’. (i) is part of a State or local government nities, with a focus on women, veteran, and
(b) CONFORMING AMENDMENTS.—Section 601 facility; or minority-owned and operated eligible enti-
of such Act is further amended— (ii) as of March 13, 2020, owns or operates
ties; and
(1) in subsection (b)— (together with any affiliated business) more
(A) in paragraphs (1) and (2), by inserting (B) only award grants to eligible entities
than 20 locations, regardless of whether
‘‘large’’ before ‘‘unit of local government’’ with annual revenues of less than $1,500,000.
those locations do business under the same
each place it appears; and (5) GRANT AMOUNT.—
or multiple names.
(B) in paragraph (2)— (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
(4) FUND.—The term ‘‘Fund’’ means the
(i) in the paragraph heading, by inserting gregate amount of grants made to an eligible
Restaurant Revitalization Fund established
‘‘LARGE’’ before ‘‘UNITS’’; and entity and any affiliate businesses of the eli-
under subsection (c).
(ii) by adding at the end the following: (5) PAYROLL COSTS.—The term ‘‘payroll gible entity under this subsection shall not
‘‘For purposes of this section, the term ‘large costs’’ has the meaning given the term in exceed $10,000,000.
unit of local government’ means a unit of section 7(a)(36)(A) of the Small Business Act (B) DETERMINATION OF GRANT AMOUNT.—
local government, as defined in subsection (15 U.S.C. 636(a)(36)(A)). (i) IN GENERAL.—The amount of a grant
(g)(2), with a population that exceeds (6) SECRETARY.—The term ‘‘Secretary’’ made to an eligible entity under this sub-
500,000.’’; means the Secretary of the Treasury. section shall be equal to the difference be-
(2) in subsection (c)(5)— (c) RESTAURANT REVITALIZATION FUND.— tween—
(A) in the paragraph heading, by inserting (1) IN GENERAL.—There is established in the (I) the sum of the revenues or estimated
‘‘LARGE’’ before ‘‘UNIT’’; and Treasury of the United States a fund to be revenues of the eligible entity during each
(B) by inserting ‘‘large’’ before ‘‘unit of known as the Restaurant Revitalization calendar quarter in 2020; and
local government’’ each place it appears; Fund. (II) the sum of such revenues during the
(3) in subsection (e)— (2) APPROPRIATIONS.— same calendar quarter in 2019, if such sum is
(A) by inserting ‘‘direct’’ before ‘‘pay- (A) IN GENERAL.—There is appropriated to greater than zero.
ment’’; and the Fund, out of amounts in the Treasury (ii) VERIFICATION.—An eligible entity shall
(B) by inserting ‘‘large’’ before ‘‘unit of not otherwise appropriated, $120,000,000,000, submit to the Secretary such revenue
local government’’ each place it appears; and to remain available until December 31, 2020. verification documentation as the Secretary
(4) in subsection (g)(2)— (B) REMAINDER TO TREASURY.—Any may require to determine the amount of a
(A) in the paragraph heading, by striking amounts remaining in the Fund after Decem- grant under clause (i).
‘‘LOCAL’’ and inserting ‘‘UNIT OF LOCAL’’; and ber 31, 2020 shall be deposited in the general (iii) REPAYMENT.—Any amount of a grant
(B) by striking ‘‘with a population that ex- fund of the Treasury. made under this subsection to an eligible en-
ceeds 500,000.’’ (3) USE OF FUNDS.—The Secretary shall use tity based on estimated revenues in a cal-
(c) EFFECTIVE DATE.—The amendments amounts in the Fund to make grants de- endar quarter in 2020 that is above the actual
made by this section shall take effect as if scribed in subsection (d). revenues of the eligible entity during that
included in the enactment of section 601 of (d) RESTAURANT REVITALIZATION GRANTS.— calendar quarter shall be converted to a loan
the Social Security Act, as added by section (1) IN GENERAL.—The Secretary shall award that has—
5001(a) of the Coronavirus Aid, Relief, and grants to eligible entities in the order in (I) an interest rate of 1 percent; and
Economic Security Act (Public Law 116–136). which applications are received by the Sec- (II) a maturity date of 10 years beginning
retary. on January 1, 2021.
SA 2587. Mr. WICKER submitted an (2) REGISTRATION.—The Secretary shall (C) NO DUPLICATION OF BENEFITS.—An eligi-
amendment intended to be proposed to register each grant awarded under this sub- ble entity that received a loan under section
amendment SA 2499 proposed by Mr. section using the employer identification 7(a)(36) of the Small Business Act (15 U.S.C.
MCCONNELL to the bill S. 178, to con- number of the eligible entity. 636(a)(36)) may not apply for or use grant
demn gross human rights violations of (3) APPLICATION.— amounts under this subsection for the same
(A) IN GENERAL.—An eligible entity desir- expenses for which the eligible entity re-
ethnic Turkic Muslims in Xinjiang, and ing a grant under this subsection shall sub- ceived the loan.
calling for an end to arbitrary deten- mit to the Secretary an application at such (D) LIMITATION.—An eligible entity may
tion, torture, and harassment of these time, in such manner, and containing such not receive more than 1 grant under this sub-
communities inside and outside China; information as the Secretary may require. section.
which was ordered to lie on the table; (B) CERTIFICATION.—An eligible entity ap- (6) USE OF FUNDS.—
as follows: plying for a grant under this subsection shall (A) IN GENERAL.—During the covered pe-
At the appropriate place, insert the fol- make a good faith certification— riod, an eligible entity that receives a grant
lowing: (i) that the uncertainty of current eco- under this subsection may use the grant
SEC. ll. RESTAURANT REVITALIZATION FUND. nomic conditions makes necessary the grant funds for the following expenses incurred as
(a) SHORT TITLE.—This section may be request to support the ongoing operations of a direct result of the COVID–19 pandemic:
cited as the ‘‘Real Economic Support That the eligible entity; (i) Payroll costs.
Acknowledges Unique Restaurant Assistance (ii) acknowledging that funds will be used (ii) Payments of principal or interest on
Needed To Survive Act of 2020’’ or the ‘‘RES- to retain workers and maintain payroll or any mortgage obligation.
TAURANTS Act of 2020’’. for other allowable expenses described in (iii) Rent payments, including rent under a
(b) DEFINITIONS.—In this section: paragraph (5); lease agreement.
(1) AFFILIATED BUSINESS.—The term ‘‘affili- (iii) that the eligible entity does not have (iv) Utilities.
ated business’’ means a business in which an an application pending for a grant under sub- (v) Maintenance expenses, including—
eligible entity has an equity or right to prof- section (a)(36) or (b)(2) of section 7 of the (I) construction to accommodate outdoor
it distributions of not less than 50 percent, or Small Business Act (15 U.S.C. 636) for the seating; and
in which an eligible entity has the contrac- same purpose and duplicative of amounts ap- (II) walls, floors, deck surfaces, furniture,
SSpencer on DSK126QN23PROD with SENATE
tual authority to control the direction of the plied for or received under this subsection; fixtures, and equipment.
business, provided that such affiliation shall and (vi) Supplies, including protective equip-
be determined as of any arrangements or (iv) that, during the covered period, the el- ment and cleaning materials, as required by
agreements in existence as of March 13, 2020. igible entity has not received amounts under applicable public health departments.
(2) COVERED PERIOD.—The term ‘‘covered subsection (a)(36) or (b)(2) of section 7 of the (vii) Food and beverage expenses that are
period’’ means the period beginning on Feb- Small Business Act (15 U.S.C. 636) for the within the scope of the normal business prac-
ruary 15, 2020 and ending on December 31, same purpose and duplicative of amounts ap- tice of the eligible entity before the covered
2020. plied for or received under this subsection. period.
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S4958 CONGRESSIONAL RECORD — SENATE August 5, 2020
(viii) Debt obligations to suppliers that Needed To Survive Act of 2020’’ or the ‘‘RES- (ii) acknowledging that funds will be used
were incurred before the covered period. TAURANTS Act of 2020’’. to retain workers and maintain payroll or
(ix) Operational expenses. (b) DEFINITIONS.—In this section: for other allowable expenses described in
(x) Any other expenses that the Secretary (1) AFFILIATED BUSINESS.—The term ‘‘affili- paragraph (5);
determines to be essential to maintaining ated business’’ means a business in which an (iii) that the eligible entity does not have
the eligible entity. eligible entity has an equity or right to prof- an application pending for a grant under sub-
(B) RETURNING FUNDS.—If an eligible entity it distributions of not less than 50 percent, or section (a)(36) or (b)(2) of section 7 of the
that receives a grant under this subsection in which an eligible entity has the contrac- Small Business Act (15 U.S.C. 636) for the
permanently ceases operations on or before tual authority to control the direction of the same purpose and duplicative of amounts ap-
December 31, 2020, the eligible entity shall business, provided that such affiliation shall plied for or received under this subsection;
return to the Treasury any funds that the el- be determined as of any arrangements or and
igible entity did not use for the allowable ex- agreements in existence as of March 13, 2020. (iv) that, during the covered period, the el-
penses under subparagraph (A). (2) COVERED PERIOD.—The term ‘‘covered igible entity has not received amounts under
(C) CONVERSION TO LOAN.—Any grant period’’ means the period beginning on Feb- subsection (a)(36) or (b)(2) of section 7 of the
amounts received by an eligible entity under ruary 15, 2020 and ending on December 31, Small Business Act (15 U.S.C. 636) for the
this subsection that are unused after Decem- 2020. same purpose and duplicative of amounts ap-
ber 31, 2020 shall be immediately converted (3) ELIGIBLE ENTITY.—The term ‘‘eligible plied for or received under this subsection.
to a loan with— entity’’— (C) HOLD HARMLESS.—An eligible entity ap-
(i) an interest rate of 1 percent; and (A) means a restaurant, food stand, food plying for a grant under this subsection shall
(ii) a maturity date of 10 years. truck, food cart, caterer, saloon, inn, tavern, not be ineligible for a grant if the eligible
(7) TAXABILITY.—For purposes of the Inter- bar, lounge, brewpub, tasting room, taproom, entity is able to document—
nal Revenue Code of 1986— licensed facility or premise of a beverage al- (i) an inability to rehire individuals who
(A) the amount of a grant awarded to an el- cohol producer where the public may taste, were employees of the eligible entity on Feb-
igible entity under this subsection shall be sample, or purchase products, or other simi- ruary 15, 2020; and
excluded from the gross income of the eligi- lar place of business in which the public or (ii) an inability to hire similarly qualified
ble entity; patrons assemble for the primary purpose of employees for unfilled positions on or before
(B) no deduction shall be denied or re- being served food or drink; December 31, 2020.
duced, no tax attribute shall be reduced, and (B) includes an entity described in subpara- (4) PRIORITY IN AWARDING GRANTS.—During
no basis increase shall be denied, by reason graph (A) that is located in an airport ter- the initial 14-day period in which the Sec-
of the exclusion from gross income provided minal; and retary awards grants under this subsection,
by subparagraph (A); and (C) does not include an entity described in the Secretary shall—
(C) an eligible entity that receives a grant subparagraph (A) that— (A) prioritize awarding grants to
under this subsection shall not be eligible for (i) is part of a State or local government marginalized and underrepresented commu-
the credit described in section 2301 of the facility; or nities, with a focus on women, veteran, and
CARES Act (Public Law 116–136). (ii) as of March 13, 2020, owns or operates minority-owned and operated eligible enti-
(8) REGULATIONS.—Not later than 15 days (together with any affiliated business) more ties; and
after the date of enactment of this Act, the than 20 locations, regardless of whether (B) only award grants to eligible entities
Secretary shall issue regulations to carry those locations do business under the same with annual revenues of less than $1,500,000.
out this subsection without regard to the no- or multiple names. (5) GRANT AMOUNT.—
tice and comment requirements under sec- (4) FUND.—The term ‘‘Fund’’ means the (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
tion 553 of title 5, United States Code. Restaurant Revitalization Fund established gregate amount of grants made to an eligible
(9) APPROPRIATIONS FOR STAFFING AND AD- under subsection (c). entity and any affiliate businesses of the eli-
MINISTRATIVE EXPENSES.— (5) PAYROLL COSTS.—The term ‘‘payroll gible entity under this subsection shall not
(A) IN GENERAL.—There is appropriated to costs’’ has the meaning given the term in exceed $10,000,000.
the Secretary, out of amounts in the Treas- section 7(a)(36)(A) of the Small Business Act (B) DETERMINATION OF GRANT AMOUNT.—
ury not otherwise appropriated, $200,000,000, (15 U.S.C. 636(a)(36)(A)). (i) IN GENERAL.—The amount of a grant
to remain available until December 31, 2020, (6) SECRETARY.—The term ‘‘Secretary’’ made to an eligible entity under this sub-
for staffing and administrative expenses re- means the Secretary of the Treasury. section shall be equal to the difference be-
lated to administering grants awarded under (c) RESTAURANT REVITALIZATION FUND.— tween—
this subsection. (1) IN GENERAL.—There is established in the (I) the sum of the revenues or estimated
(B) SET ASIDE.—Of amounts appropriated Treasury of the United States a fund to be revenues of the eligible entity during each
under subparagraph (A), $60,000,000 shall be known as the Restaurant Revitalization calendar quarter in 2020; and
allocated for outreach to traditionally Fund. (II) the sum of such revenues during the
marginalized and underrepresented commu- (2) APPROPRIATIONS.— same calendar quarter in 2019, if such sum is
nities, with a focus on women, veteran, and (A) IN GENERAL.—There is appropriated to greater than zero.
minority-owned and operated eligible enti- the Fund, out of amounts in the Treasury (ii) VERIFICATION.—An eligible entity shall
ties, including the creation of a resource cen- not otherwise appropriated, $120,000,000,000, submit to the Secretary such revenue
ter targeted toward these communities. to remain available until December 31, 2020. verification documentation as the Secretary
(e) EMERGENCY DESIGNATION.— (B) REMAINDER TO TREASURY.—Any may require to determine the amount of a
(1) IN GENERAL.—The amounts provided by amounts remaining in the Fund after Decem- grant under clause (i).
this section are designated as an emergency ber 31, 2020 shall be deposited in the general (iii) REPAYMENT.—Any amount of a grant
requirement pursuant to section 4(g) of the fund of the Treasury. made under this subsection to an eligible en-
Statutory Pay-As-You-Go Act of 2010 (2 (3) USE OF FUNDS.—The Secretary shall use tity based on estimated revenues in a cal-
U.S.C. 933(g)). amounts in the Fund to make grants de- endar quarter in 2020 that is above the actual
(2) DESIGNATION IN SENATE.—In the Senate, scribed in subsection (d). revenues of the eligible entity during that
this section is designated as an emergency (d) RESTAURANT REVITALIZATION GRANTS.— calendar quarter shall be converted to a loan
requirement pursuant to section 4112(a) of H. (1) IN GENERAL.—The Secretary shall award that has—
Con. Res. 71 (115th Congress), the concurrent grants to eligible entities in the order in (I) an interest rate of 1 percent; and
resolution on the budget for fiscal year 2018. which applications are received by the Sec- (II) a maturity date of 10 years beginning
retary. on January 1, 2021.
SA 2588. Mr. WICKER submitted an (2) REGISTRATION.—The Secretary shall (C) NO DUPLICATION OF BENEFITS.—An eligi-
amendment intended to be proposed by register each grant awarded under this sub- ble entity that received a loan under section
him to the bill S. 178, to condemn gross section using the employer identification 7(a)(36) of the Small Business Act (15 U.S.C.
human rights violations of ethnic number of the eligible entity. 636(a)(36)) may not apply for or use grant
Turkic Muslims in Xinjiang, and call- (3) APPLICATION.— amounts under this subsection for the same
ing for an end to arbitrary detention, (A) IN GENERAL.—An eligible entity desir- expenses for which the eligible entity re-
torture, and harassment of these com- ing a grant under this subsection shall sub- ceived the loan.
mit to the Secretary an application at such (D) LIMITATION.—An eligible entity may
munities inside and outside China;
time, in such manner, and containing such not receive more than 1 grant under this sub-
SSpencer on DSK126QN23PROD with SENATE
which was ordered to lie on the table; information as the Secretary may require. section.
as follows: (B) CERTIFICATION.—An eligible entity ap- (6) USE OF FUNDS.—
At the appropriate place, insert the fol- plying for a grant under this subsection shall (A) IN GENERAL.—During the covered pe-
lowing: make a good faith certification— riod, an eligible entity that receives a grant
SEC. ll. RESTAURANT REVITALIZATION FUND. (i) that the uncertainty of current eco- under this subsection may use the grant
(a) SHORT TITLE.—This section may be nomic conditions makes necessary the grant funds for the following expenses incurred as
cited as the ‘‘Real Economic Support That request to support the ongoing operations of a direct result of the COVID–19 pandemic:
Acknowledges Unique Restaurant Assistance the eligible entity; (i) Payroll costs.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4959
(ii) Payments of principal or interest on SA 2589. Ms. ERNST submitted an tax holiday period, the rate of tax under
any mortgage obligation. amendment intended to be proposed to 3101(a) of such Code shall be 0 percent (in-
(iii) Rent payments, including rent under a amendment SA 2499 proposed by Mr. cluding for purposes of determining the ap-
lease agreement. plicable percentage under sections 3201(a)
MCCONNELL to the bill S. 178, to con-
(iv) Utilities. and 3211(a)(1) of such Code),
(v) Maintenance expenses, including— demn gross human rights violations of (2) with respect to remuneration paid to a
(I) construction to accommodate outdoor ethnic Turkic Muslims in Xinjiang, and qualified employee during the payroll tax
seating; and calling for an end to arbitrary deten- holiday period, the rate of tax under section
(II) walls, floors, deck surfaces, furniture, tion, torture, and harassment of these 3111(a) of such Code shall be 0 percent (in-
fixtures, and equipment. communities inside and outside China; cluding for purposes of determining the ap-
(vi) Supplies, including protective equip- which was ordered to lie on the table; plicable percentage under section 3221(a) of
ment and cleaning materials, as required by as follows: such Code), and
applicable public health departments. (3) with respect to any portion of a taxable
At the appropriate place, insert the fol- year which is in the payroll tax holiday pe-
(vii) Food and beverage expenses that are
lowing: riod, the rate of tax under section 1401(a) of
within the scope of the normal business prac-
SEC. lll. SUPPLEMENTAL APPROPRIATIONS the Internal Revenue Code of 1986 shall be 0
tice of the eligible entity before the covered FOR DEPARTMENT OF JUSTICE PRO-
period. percent.
GRAMS.
(viii) Debt obligations to suppliers that (b) QUALIFIED EMPLOYEE.— The term
(a) APPROPRIATIONS.—There is appro- ‘‘qualified employee’’ means, with respect to
were incurred before the covered period. priated, out of any money in the Treasury
(ix) Operational expenses. remuneration received from or paid by an
not otherwise appropriated, to remain avail- employer during the payroll tax holiday pe-
(x) Any other expenses that the Secretary able until September 30, 2021, an additional
determines to be essential to maintaining riod, an employee who was employed by such
amount for ‘‘Department of Justice, State employer on or before September 1, 2020.
the eligible entity. and Local Law Enforcement Activities, Of-
(B) RETURNING FUNDS.—If an eligible entity (c) PAYROLL TAX HOLIDAY PERIOD.—The
fice on Violence Against Women, Violence term ‘‘payroll tax holiday period’’ means the
that receives a grant under this subsection Against Women Prevention and Prosecution
permanently ceases operations on or before period beginning on the date of the enact-
Programs’’, $385,000,000, of which— ment of this Act and ending on December 31,
December 31, 2020, the eligible entity shall (1) $225,000,000 is for grants to combat vio-
return to the Treasury any funds that the el- 2020.
lence against women, as authorized by part (d) COORDINATION WITH DELAY OF PAYMENT
igible entity did not use for the allowable ex- T of the Omnibus Crime Control and Safe OF EMPLOYER PAYROLL TAXES.—Section
penses under subparagraph (A). Streets Act of 1968 (34 U.S.C. 10441 et seq.), 2302(d)(2) of the CARES Act (Public Law 116-
(C) CONVERSION TO LOAN.—Any grant provided that such amounts are used to 136) is amended by striking ‘‘January 1, 2021’’
amounts received by an eligible entity under allow for flexible funding for victim service and inserting ‘‘the date of the enactment of
this subsection that are unused after Decem- providers; the Coronavirus Relief Fair Unemployment
ber 31, 2020 shall be immediately converted (2) $40,000,000 is for transitional housing as- Compensation Act of 2020’’.
to a loan with— sistance grants for victims of domestic vio- (e) EMPLOYER NOTIFICATION.—The Sec-
(i) an interest rate of 1 percent; and lence, dating violence, stalking, or sexual as- retary of the Treasury shall notify employ-
(ii) a maturity date of 10 years. sault as authorized by section 40299 of the ers of the payroll tax holiday period in any
(7) TAXABILITY.—For purposes of the Inter- Violent Crime Control and Law Enforcement manner the Secretary deems appropriate.
nal Revenue Code of 1986— Act of 1994 (Public Law 103–322); (f) TRANSFERS OF FUNDS, ETC.—
(A) the amount of a grant awarded to an el- (3) $100,000,000 is for sexual assault victims (1) TRANSFERS TO FEDERAL OLD-AGE AND
igible entity under this subsection shall be assistance as authorized by section 41601 of SURVIVORS INSURANCE TRUST FUND.—There
excluded from the gross income of the eligi- the Violent Crime Control and Law Enforce- are hereby appropriated to the Federal Old-
ble entity; ment Act of 1994 (Public Law 103–322); Age and Survivors Insurance Trust Fund and
(B) no deduction shall be denied or re- (4) $10,000,000 is for grants for outreach and the Federal Disability Insurance Trust Fund
duced, no tax attribute shall be reduced, and services to underserved populations as au- established under section 201 of the Social
no basis increase shall be denied, by reason thorized by section 120 of the Violence Security Act (42 U.S.C. 401) and the Social
of the exclusion from gross income provided Against Women and Department of Justice Security Equivalent Benefit Account estab-
by subparagraph (A); and Reauthorization Act of 2005 (Public Law 109– lished under section 15A(a) of the Railroad
(C) an eligible entity that receives a grant 162); and Retirement Act of 1974 (45 U.S.C. 231n–1(a))
under this subsection shall not be eligible for (5) $10,000,000 is for rural domestic violence amounts equal to the reduction in revenues
the credit described in section 2301 of the and child abuse enforcement assistance to the Treasury by reason of this section
CARES Act (Public Law 116–136). grants, as authorized by section 40295 of the (without regard to this paragraph). Amounts
(8) REGULATIONS.—Not later than 15 days Violent Crime Control and Law Enforcement appropriated by the preceding sentence shall
after the date of enactment of this Act, the Act of 1994 (Public Law 103–322). be transferred from the general fund at such
Secretary shall issue regulations to carry (b) EMERGENCY DESIGNATION.— times and in such manner as to replicate to
out this subsection without regard to the no- (1) IN GENERAL.—The amounts provided the extent possible the transfers which
tice and comment requirements under sec- under this section are designated as an emer- would have occurred to such Trust Fund or
tion 553 of title 5, United States Code. gency requirement pursuant to section 204(g) Account had this section not been enacted.
(9) APPROPRIATIONS FOR STAFFING AND AD- of the Statutory Pay-As-You-Go Act of 2010 (2) COORDINATION WITH OTHER FEDERAL
MINISTRATIVE EXPENSES.— (2 U.S.C. 933(g)). LAWS.—For purposes of applying any provi-
(A) IN GENERAL.—There is appropriated to (2) DESIGNATION IN SENATE.—In the Senate, sion of Federal law other than the provisions
the Secretary, out of amounts in the Treas- this section is designated as an emergency of the Internal Revenue Code of 1986, the rate
ury not otherwise appropriated, $200,000,000, requirement pursuant to section 4112(a) of H. of tax in effect under section 3101(a) of such
to remain available until December 31, 2020, Con. Res. 71 (115th Congress), the concurrent Code shall be determined without regard to
for staffing and administrative expenses re- resolution on the budget for fiscal year 2018. the reduction in such rate under this section.
lated to administering grants awarded under
this subsection. SA 2590. Mr. SCOTT of Florida sub- SA 2591. Mr. SCOTT of Florida sub-
(B) SET ASIDE.—Of amounts appropriated mitted an amendment intended to be mitted an amendment intended to be
under subparagraph (A), $60,000,000 shall be proposed to amendment SA 2499 pro- proposed to amendment SA 2499 pro-
allocated for outreach to traditionally posed by Mr. MCCONNELL to the bill S. posed by Mr. MCCONNELL to the bill S.
marginalized and underrepresented commu- 178, to condemn gross human rights 178, to condemn gross human rights
nities, with a focus on women, veteran, and violations of ethnic Turkic Muslims in
minority-owned and operated eligible enti-
violations of ethnic Turkic Muslims in
ties, including the creation of a resource cen-
Xinjiang, and calling for an end to ar- Xinjiang, and calling for an end to ar-
ter targeted toward these communities. bitrary detention, torture, and harass- bitrary detention, torture, and harass-
ment of these communities inside and ment of these communities inside and
(e) EMERGENCY DESIGNATION.—
outside China; which was ordered to lie outside China; which was ordered to lie
(1) IN GENERAL.—The amounts provided by
this section are designated as an emergency on the table; as follows: on the table; as follows:
SSpencer on DSK126QN23PROD with SENATE
requirement pursuant to section 4(g) of the At the appropriate place, insert the fol- At the appropriate place, insert the fol-
Statutory Pay-As-You-Go Act of 2010 (2 lowing: lowing:
U.S.C. 933(g)). SEC. ll. TEMPORARY EMPLOYEE AND EM- SEC. lll. EXPANSION AND EXTENSION OF
(2) DESIGNATION IN SENATE.—In the Senate, PLOYER PAYROLL TAX CUT. BONUS DEPRECIATION.
this section is designated as an emergency (a) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Section 168(k) of the In-
requirement pursuant to section 4112(a) of H. other provision of law— ternal Revenue Code of 1986 is amended—
Con. Res. 71 (115th Congress), the concurrent (1) with respect to remuneration received (1) in paragraph (2)—
resolution on the budget for fiscal year 2018. by a qualified employee during the payroll (A) in subparagraph (A)—
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S4960 CONGRESSIONAL RECORD — SENATE August 5, 2020
(i) in clause (i)(I), by striking ‘‘20 years’’ posed by Mr. MCCONNELL to the bill S. States, especially those in remote and rural
and inserting ‘‘40 years’’, and 178, to condemn gross human rights areas of the country, delivering business cor-
(ii) in clause (iii), by striking ‘‘January 1, violations of ethnic Turkic Muslims in respondence, educational, cultural and sci-
2027’’ and inserting ‘‘January 1, 2029’’, entific information, critical prescriptions
Xinjiang, and calling for an end to ar-
(B) in subparagraph (B)— and medications, household items, and com-
(i) in clause (i)— bitrary detention, torture, and harass- mercial goods with affordable, reliable serv-
(I) in subclause (II), by striking ‘‘January ment of these communities inside and ice not fewer than 6 days per week.
1, 2028’’ and inserting ‘‘January 1, 2030’’, and outside China; which was ordered to lie (3) The Postal Service helps small busi-
(II) in subclause (III), by striking ‘‘January on the table; as follows: nesses stay connected with their customers
1, 2027’’ and inserting ‘‘January 1, 2029’’, and At the appropriate place, insert the fol- no matter where they are located or where
(ii) in clause (ii)— lowing: their customers live.
(I) in the heading, by striking ‘‘2027’’ and in- SEC. lll. EXPANSION OF EXCLUSION FOR GAIN (4) Since 1970, the Postal Service has been
serting ‘‘2029’’, and FROM CERTAIN SMALL BUSINESS charged with operating as a self-sustaining
(II) by striking ‘‘January 1, 2027’’ and in- STOCK. entity and its operations are funded from
serting ‘‘January 1, 2029’’, and (a) APPLICATION TO CORPORATIONS.—Sec- postage paid for mail and shipping and not
(C) in subparagraph (E)(i), by striking tion 1202(a) of the Internal Revenue Code of primarily by taxpayer funds.
‘‘January 1, 2027’’ and inserting ‘‘January 1, 1986 is amended by striking ‘‘In the case of a (5) The Government Accountability Office
2029’’, taxpayer other than corporation, gross in- reports that the Postal Service has lost ap-
(2) in paragraph (5)(A), by striking ‘‘Janu- come’’ and inserting ‘‘Gross income’’. proximately $78,000,000,000 from fiscal year
ary 1, 2027’’ and inserting ‘‘January 1, 2029’’, (b) INCREASE IN EXCLUSION LIMITATION.— 2007 through 2019 due primarily to declining
and (1) IN GENERAL.—Section 1202(b)(1)(A) of mail volumes and rising costs.
(3) in paragraph (6)— the Internal Revenue Code of 1986 is amended (6) Package delivery volumes have more
(A) in subparagraph (A)— by striking ‘‘$10,000,000’’ and inserting than doubled since 2010, but the Postal Serv-
(i) in clause (i), by striking ‘‘January 1, ‘‘$20,000,000’’. ice faces competition in this area.
2023’’ and inserting ‘‘January 1, 2025’’, (2) CONFORMING AMENDMENT.—Section (7) The Postal Service is not on a sustain-
(ii) in clause (ii), by striking ‘‘after Decem- 1202(b)(3)(A) of such Code is amended by able path and needs reform to be viable over
ber 31, 2022, and before January 1, 2024’’ and striking ‘‘substituting ‘$5,000,000’ for the long term.
inserting ‘‘after December 31, 2024, and be- ‘$10,000,000’ ’’ and inserting ‘‘substituting (8) Reforms must be focused on the long
fore January 1, 2026’’, ‘$10,000,000’ for ‘$20,000,000’ ’’. term solvency of the Postal Service while
(iii) in clause (iii), by striking ‘‘after De- (c) INCREASE IN QUALIFIED BUSINESS ASSET
ensuring the greatest benefit to the public
cember 31, 2023, and before January 1, 2025’’ LIMITATIONS.—Section 1202(d)(1) of the Inter-
and 630,000 employees of the Postal Service.
and inserting ‘‘after December 31, 2025, and nal Revenue Code of 1986 is amended by
(9) By law, the authority for operation and
before January 1, 2027’’, striking ‘‘$50,000,000’’ each place it appears in
strategic direction of the Postal Service, an
(iv) in clause (iv), by striking ‘‘after De- subparagraphs (A) and (B) and inserting
independent establishment of the executive
cember 31, 2024, and before January 1, 2026’’ ‘‘$100,000,000’’.
(d) EXPANSION OF PERMISSIBLE TRADES OR branch, is delegated to the Board of Gov-
and inserting ‘‘after December 31, 2026, and ernors of the Postal Service, including the
before January 1, 2028’’, and BUSINESSES.—Section 1202(e)(3) of the Inter-
nal Revenue Code of 1986 is amended— Postmaster General.
(v) in clause (v), by striking ‘‘after Decem-
(1) by redesignating subparagraphs (A) (10) On May 6, 2020, the Board of Governors
ber 31, 2025, and before January 1, 2027’’ and
through (E) as clauses (i) through (v), respec- of the Postal Service selected Louis DeJoy
inserting ‘‘after December 31, 2027, and be-
tively and by moving such clauses 2 ems to as the 75th Postmaster General of the United
fore January 1, 2029’’,
the right, and States.
(B) in subparagraph (B)—
(2) by striking ‘‘means any trade or busi- (11) The new Postmaster General should be
(i) in clause (i), by striking ‘‘January 1,
ness other than—’’ and inserting ‘‘means— given the opportunity to review the oper-
2024’’ and inserting ‘‘January 1, 2026’’,
‘‘(A) in the case of stock acquired after the ations and finances of the Postal Service
(ii) in clause (ii), by striking ‘‘after Decem-
date of the enactment of the Coronavirus Re- and, in coordination with the rest of the
ber 31, 2023, and before January 1, 2025’’ and
lief Fair Unemployment Compensation Act Board of Governors of the Postal Service,
inserting ‘‘after December 31, 2025, and be-
fore January 1, 2027’’, of 2020, any trade or business, and propose a plan to ensure its long term viabil-
(iii) in clause (iii), by striking ‘‘after De- ‘‘(B) in the case of stock acquired on or be- ity.
cember 31, 2024, and before January 1, 2026’’ fore such date, any trade or business other (12) At the same time, the COVID–19 pan-
and inserting ‘‘after December 31, 2026, and than—’’. demic has significantly contributed to the
before January 1, 2028’’, (e) EFFECTIVE DATE.— decline in market dominant mail volumes
(iv) in clause (iv), by striking ‘‘after De- (1) IN GENERAL.—Except as provided in and revenues while increasing costs, putting
cember 31, 2025, and before January 1, 2027’’ paragraph (2), the amendments made by this additional stress on the financial situation
and inserting ‘‘after December 31, 2027, and section shall apply to stock acquired after of the Postal Service.
before January 1, 2029’’, and the date of the enactment of this Act. (13) Now more than ever, affordable mail
(v) in clause (v), by striking ‘‘after Decem- (2) INCREASE IN EXCLUSION LIMITATION.—The and package delivery provided by the Postal
ber 31, 2026, and before January 1, 2028’’ and amendments made by subsection (b) shall Service is a lifeline for people in the United
inserting ‘‘after December 31, 2028, and be- apply to dispositions of stock after the date States, especially for seniors and others liv-
fore January 1, 2030’’, and of the enactment of this Act. ing in remote and rural areas.
(C) in subparagraph (C)— (14) The critical services the Postal Service
(i) in clause (i), by striking ‘‘January 1, SA 2593. Ms. COLLINS (for herself, provides will play a fundamental part of the
2023’’ and inserting ‘‘January 1, 2025’’, Mrs. FEINSTEIN, Mr. DAINES, and Mr. economic recovery of the United States.
(ii) in clause (ii), by striking ‘‘after Decem- MORAN) submitted an amendment in- (15) Congress should provide immediate
ber 31, 2022, and before January 1, 2024’’ and tended to be proposed to amendment emergency appropriations to cover financial
inserting ‘‘after December 31, 2024, and be- SA 2499 proposed by Mr. MCCONNELL to losses to the Postal Service caused by the
fore January 1, 2026’’, COVID–19 pandemic in order to keep the
the bill S. 178, to condemn gross human
(iii) in clause (iii), by striking ‘‘after De- Postal Service operating without interrup-
rights violations of ethnic Turkic Mus- tions in service and to give the new Post-
cember 31, 2023, and before January 1, 2025’’
and inserting ‘‘after December 31, 2025, and
lims in Xinjiang, and calling for an end master General and the Board of Governors
before January 1, 2027’’, to arbitrary detention, torture, and of the Postal Service time to formulate and
(iv) in clause (iv), by striking ‘‘after De- harassment of these communities in- propose to Congress a plan to ensure the long
cember 31, 2024, and before January 1, 2026’’ side and outside China; which was or- term viability of the Postal Service.
and inserting ‘‘after December 31, 2026, and dered to lie on the table; as follows: (16) In addition, although Congress recog-
before January 1, 2028’’, and At the appropriate place, insert the fol- nized the critical role the Postal Service
(v) in clause (v), by striking ‘‘after Decem- lowing: plays by providing $10,000,000,000 in bor-
ber 31, 2025, and before January 1, 2027’’ and rowing authority in the CARES Act (Public
SEC. lllll. POSTAL SERVICE EMERGENCY AS-
inserting ‘‘after December 31, 2027, and be- SISTANCE. Law 116–136; 134 Stat. 281) to address oper-
fore January 1, 2029’’. (a) FINDINGS.—Congress finds the fol- ating losses caused by the COVID–19 pan-
SSpencer on DSK126QN23PROD with SENATE
(b) EFFECTIVE DATE.—The amendments lowing: demic, clarification is required with respect
made by this section shall apply to property (1) By law, the Postal Service operates as to the terms and conditions imposed by the
placed in service after the date of enactment ‘‘a basic and fundamental service provided to Secretary of the Treasury on any such bor-
of this Act. the people by the Government of the United rowing.
States’’ and must serve rural, suburban, and (b) DEFINITIONS.—In this section:
SA 2592. Mr. SCOTT of Florida sub- urban areas throughout the United States. (1) COVID–19.—The term ‘‘COVID–19’’
mitted an amendment intended to be (2) The Postal Service is a lifeline for busi- means the coronavirus disease 2019 (COVID–
proposed to amendment SA 2499 pro- nesses and consumers across the United 19).
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4961
(2) POSTAL SERVICE.—The term ‘‘Postal latory Commission the plan required under Sec. 303. Update of clinical practice guide-
Service’’ means the United States Postal this subsection, including recommendations lines for assessment and man-
Service. for congressional action. agement of patients at risk for
(c) EMERGENCY APPROPRIATIONS FOR THE (3) CONGRESSIONAL UPDATE.—Prior to sub- suicide.
POSTAL SERVICE TO COVER COVID–19 INDUCED mission of the plan required under paragraph Sec. 304. Establishment by Department of
LOSSES.— (2) and not later than 180 days after the date Veterans Affairs and Depart-
(1) IN GENERAL.—There is established in the of enactment of this Act, the Postal Service ment of Defense of clinical
Treasury of the United States a fund to be shall provide a briefing on the status of the practice guidelines for the
known as the Postal Service COVID–19 plan to the Committee on Homeland Secu- treatment of serious mental ill-
Emergency Fund. rity and Governmental Affairs of the Senate ness.
(2) APPROPRIATIONS.—There is appro- and the Committee on Oversight and Reform Sec. 305. Precision medicine initiative of De-
priated, out of any money in the Treasury of the House of Representatives. partment of Veterans Affairs to
not otherwise appropriated, to the Postal identify and validate brain and
Service COVID–19 Emergency Fund, SA 2594. Mr. MORAN (for himself and mental health biomarkers.
$25,000,000,000, to remain available until Sep- Mr. TESTER) proposed an amendment Sec. 306. Statistical analyses and data eval-
tember 30, 2022, pursuant to this subsection: to the bill S. 785, to improve mental uation by Department of Vet-
Provided, That such amount is designated by erans Affairs.
Congress as being for an emergency require- health care provided by the Depart-
ment of Veterans Affairs, and for other TITLE IV—OVERSIGHT OF MENTAL
ment pursuant to section 251(b)(2)(A)(i) of
purposes; as follows: HEALTH CARE AND RELATED SERVICES
the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Strike all after the enacting clause and in- Sec. 401. Study on effectiveness of suicide
(3) CERTIFICATION.—The Postal Service sert the following: prevention and mental health
shall certify in its quarterly and audited an- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
outreach programs of Depart-
nual reports to the Postal Regulatory Com- (a) SHORT TITLE.—This Act may be cited as ment of Veterans Affairs.
mission under section 3654 of title 39, United Sec. 402. Oversight of mental health and sui-
the ‘‘Commander John Scott Hannon Vet-
States Code, and in conformity with the re- cide prevention media outreach
erans Mental Health Care Improvement Act
quirements of section 13 or 15(d) of the Secu- conducted by Department of
of 2019’’.
rities Exchange Act of 1934 (15 U.S.C. 78m, (b) TABLE OF CONTENTS.—The table of con- Veterans Affairs.
78o(d)), any expenditures necessary to cover tents for this Act is as follows: Sec. 403. Comptroller General management
lost revenue or operational expenses result- review of mental health and
Sec. 1. Short title; table of contents. suicide prevention services of
ing from the COVID–19 pandemic. The Postal TITLE I—IMPROVEMENT OF TRANSITION
Service shall provide copies of these certified Department of Veterans Af-
OF INDIVIDUALS TO SERVICES FROM fairs.
filings to the Senate Committee on Home- DEPARTMENT OF VETERANS AFFAIRS
land Security and Governmental Affairs, and Sec. 404. Comptroller General report on ef-
the House Committee on Oversight and Re- Sec. 101. Strategic plan on expansion of forts of Department of Veterans
form within 15 days of any filing with the health care coverage for vet- Affairs to integrate mental
Postal Regulatory Commission. erans transitioning from serv- health care into primary care
(4) TRANSFER.—Within 15 days of any filing ice in the Armed Forces. clinics.
Sec. 102. Review of records of former mem- Sec. 405. Joint mental health programs by
with the Postal Regulatory Commission, as
bers of the Armed Forces who Department of Veterans Affairs
referenced in paragraph (3), the Secretary of
die by suicide within one year and Department of Defense.
the Treasury shall transfer from the Postal
of separation from the Armed TITLE V—IMPROVEMENT OF MENTAL
Service COVID–19 Emergency Fund to the
Forces. HEALTH MEDICAL WORKFORCE
Postal Service Fund such amounts, up to
Sec. 103. Report on REACH VET program of
$25,000,000,000 certified as expenditures nec- Sec. 501. Staffing improvement plan for
Department of Veterans Af-
essary to cover lost revenue or operational mental health providers of De-
fairs.
expenses resulting from the COVID–19 pan- Sec. 104. Report on care for former members partment of Veterans Affairs.
demic, pursuant to paragraph (3). This trans- of the Armed Forces with other Sec. 502. Establishment of Department of
fer authority is in addition to any other than honorable discharge. Veterans Affairs Readjustment
transfer authority provided in this section. Counseling Service Scholarship
TITLE II—SUICIDE PREVENTION
Any amounts transferred to the Postal Serv- Program.
ice Fund under this subsection may be used Sec. 201. Financial assistance to certain en- Sec. 503. Comptroller General report on Re-
for such purposes as the Postal Service con- tities to provide or coordinate adjustment Counseling Service
siders appropriate, pursuant to this sub- the provision of suicide preven- of Department of Veterans Af-
section. tion services for eligible indi- fairs.
(5) ADDITIONAL REQUIREMENT.—The Postal viduals and their families. Sec. 504. Expansion of reporting require-
Service, during the COVID–19 pandemic, Sec. 202. Analysis on feasibility and advis- ments on Readjustment Coun-
shall prioritize the purchase of, and make ability of the Department of seling Service of Department of
available to all employees and facilities of Veterans Affairs providing cer- Veterans Affairs.
the Postal Service, personal protective tain complementary and inte- Sec. 505. Briefing on alternative work sched-
equipment, including gloves, masks, and grative health services. ules for employees of Veterans
sanitizers, and shall conduct additional Sec. 203. Pilot program to provide veterans Health Administration.
cleaning and sanitizing of Postal Service fa- access to complementary and Sec. 506. Suicide prevention coordinators.
cilities and delivery vehicles. integrative health programs Sec. 507. Report on efforts by Department of
(d) CLARIFICATION OF POSTAL SERVICE BOR- through animal therapy, Veterans Affairs to implement
ROWING AUTHORITY.—Section 6001(b)(2) of the agritherapy, sports and recre- safety planning in emergency
Coronavirus Aid, Relief, and Economic Secu- ation therapy, art therapy, and departments.
rity Act (Public Law 116–136) is amended to posttraumatic growth pro-
TITLE VI—IMPROVEMENT OF CARE AND
read as follows: grams.
Sec. 204. Department of Veterans Affairs SERVICES FOR WOMEN VETERANS
‘‘(2) the Secretary of the Treasury shall
study of all-cause mortality of Sec. 601. Expansion of capabilities of Women
lend up to the amount described in para-
veterans, including by suicide, Veterans Call Center to include
graph (1) at the request of the Postal Service
and review of staffing levels of text messaging.
subject to the terms and conditions of the
mental health professionals. Sec. 602. Requirement for Department of
note purchase agreement between the Postal
Sec. 205. Comptroller General report on Veterans Affairs internet
Service and the Federal Financing Bank in
management by Department of website to provide information
effect on September 29, 2018.’’.
(e) POSTAL SERVICE REFORM PLAN.— Veterans Affairs of veterans at on services available to women
(1) IN GENERAL.—The Postmaster General high risk for suicide. veterans.
shall, in coordination with the rest of the TITLE III—PROGRAMS, STUDIES, AND TITLE VII—OTHER MATTERS
Board of Governors of the Postal Service, de- GUIDELINES ON MENTAL HEALTH Sec. 701. Expanded telehealth from Depart-
velop a plan to ensure the long-term sol- Sec. 301. Study on connection between living ment of Veterans Affairs.
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vency of the Postal Service. at high altitude and suicide Sec. 702. Partnerships with non-Federal
(2) SUBMISSION TO CONGRESS.—No later than risk factors among veterans. Government entities to provide
270 days after the date of enactment of this Sec. 302. Establishment by Department of hyperbaric oxygen therapy to
Act, the Postal Service shall submit to the Veterans Affairs and Depart- veterans and studies on the use
Committee on Homeland Security and Gov- ment of Defense of a clinical of such therapy for treatment
ernmental Affairs of the Senate, the Com- provider treatment toolkit and of post-traumatic stress dis-
mittee on Oversight and Reform of the House accompanying training mate- order and traumatic brain in-
of Representatives, and the Postal Regu- rials for comorbidities. jury.
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S4962 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 703. Prescription of technical qualifica- (A) the Committee on Veterans’ Affairs (1) Exposure to violence.
tions for licensed hearing aid and the Committee on Appropriations of the (2) Exposure to suicide.
specialists and requirement for Senate; and (3) Housing instability.
appointment of such special- (B) the Committee on Veterans’ Affairs (4) Financial instability.
ists. and the Committee on Appropriations of the (5) Vocational problems or insecurity.
Sec. 704. Use by Department of Veterans Af- House of Representatives. (6) Legal problems.
fairs of commercial institu- SEC. 102. REVIEW OF RECORDS OF FORMER MEM- (7) Highly acute or significantly chronic
tional review boards in spon- BERS OF THE ARMED FORCES WHO relational problems.
sored research trials. DIE BY SUICIDE WITHIN ONE YEAR (8) Limited access to health care.
Sec. 705. Creation of Office of Research Re- OF SEPARATION FROM THE ARMED (d) REPORT.—Not later than three years
FORCES. after the date of the enactment of this Act,
views within the Office of Infor-
(a) REVIEW.— the Secretary of Defense and the Secretary
mation and Technology of the
(1) IN GENERAL.—The Secretary of Defense of Veterans Affairs shall jointly submit to
Department of Veterans Af-
and the Secretary of Veterans Affairs shall the appropriate committees of Congress an
fairs.
jointly review the records of each former aggregated report on the results of the re-
TITLE I—IMPROVEMENT OF TRANSITION member of the Armed Forces who died by view conducted under subsection (a) with re-
OF INDIVIDUALS TO SERVICES FROM suicide, as determined by the Secretary of spect to the year-one cohort of former mem-
DEPARTMENT OF VETERANS AFFAIRS Defense or the Secretary of Veterans Affairs, bers of the Armed Forces covered by the re-
SEC. 101. STRATEGIC PLAN ON EXPANSION OF within one year following the discharge or view.
HEALTH CARE COVERAGE FOR VET- release of the former member from active (e) DEFINITIONS.—In this section:
ERANS TRANSITIONING FROM SERV- military, naval, or air service during the (1) ACTIVE MILITARY, NAVAL, OR AIR SERV-
ICE IN THE ARMED FORCES. ICE.—The term ‘‘active military, naval, or
five-year period preceding the date of the en-
(a) STRATEGIC PLAN.— actment of this Act. air service’’ has the meaning given that term
(1) IN GENERAL.—Not later than one year (2) RECORDS TO BE REVIEWED.—In com- in section 101(24) of title 38, United States
after the date of the enactment of this Act, pleting the review required under paragraph Code.
the Secretary of Veterans Affairs, in con- (1), the Secretary of Defense and the Sec- (2) APPROPRIATE COMMITTEES OF CONGRESS
sultation with the Secretary of Defense, retary of Veterans Affairs shall review the DEFINED.—The term ‘‘appropriate commit-
shall submit to the appropriate committees following records maintained by the Depart- tees of Congress’’ means—
of Congress and publish on a website of the ment of Defense: (A) the Committee on Armed Services and
Department of Veterans Affairs a strategic (A) Health treatment records. the Committee on Veterans’ Affairs of the
plan for the provision by the Department of (B) Fitness, medical, and dental records. Senate; and
health care to any veteran during the one- (C) Ancillary training records. (B) the Committee on Armed Services and
year period following the discharge or re- (D) Safety forms and additional duties sec- the Committee on Veterans’ Affairs of the
lease of the veteran from active military, tions of the personnel information files. House of Representatives.
naval, or air service. (b) ELEMENTS.—The review required by SEC. 103. REPORT ON REACH VET PROGRAM OF
(2) ELEMENTS.—The plan submitted under subsection (a) with respect to a former mem- DEPARTMENT OF VETERANS AF-
paragraph (1) shall include the following: ber of the Armed Forces shall include consid- FAIRS.
(A) An identification of general goals and eration of the following: (a) IN GENERAL.—Not later than 180 days
objectives for the provision of health care to (1) Whether the Department of Defense had after the date of the enactment of this Act,
veterans described in such paragraph. identified the former member as being at ele- the Secretary of Veterans Affairs shall sub-
(B) A description of how such goals and ob- vated risk during the 365-day period before mit to the Committee on Veterans’ Affairs of
jectives are to be achieved, including— separation of the member from the Armed the Senate and the Committee on Veterans’
(i) a description of the use of existing per- Affairs of the House of Representatives a re-
Forces.
sonnel, information, technology, facilities, port on the REACH VET program.
(2) In the case that the member was identi- (b) ELEMENTS.—The report required by sub-
public and private partnerships, and other fied as being at elevated risk as described in
resources of the Department of Veterans Af- section (a) shall include the following:
paragraph (1), whether that identification (1) An assessment of the impact of the
fairs; had been communicated to the Department
(ii) a description of the anticipated need REACH VET program on rates of suicide
of Veterans Affairs via the Solid Start initia- among veterans.
for additional resources for the Department; tive of the Department pursuant to Execu-
and (2) An assessment of how limits within the
tive Order 13822 (83 Fed. Reg. 1513; relating to REACH VET program, such as caps on the
(iii) an assessment of cost. supporting our veterans during their transi-
(C) An analysis of the anticipated health number of veterans who may be flagged as
tion from uniformed service to civilian life), high risk, are adjusted for differing rates of
care needs, including mental health care, for or any other means.
such veterans, disaggregated by geographic suicide across the country.
(3) The presence of evidence-based and em- (3) A detailed explanation, with evidence,
area. pirically-supported contextual and indi-
(D) An analysis of whether such veterans for why the conditions included in the model
vidual risk factors specified in subsection (c) used by the REACH VET program were cho-
are eligible for enrollment in the system of with respect to the former member and how
annual patient enrollment of the Depart- sen, including an explanation as to why cer-
those risk factors correlated to the cir- tain conditions, such as bipolar disorder II,
ment under section 1705(a) of title 38, United cumstances of the death of the former mem-
States Code. were not included even though they show a
ber. similar rate of risk for suicide as other con-
(E) A description of activities designed to (4) Demographic variables, including the
promote the availability of health care from ditions that were included.
following: (4) An assessment of the feasibility of in-
the Department for such veterans, including (A) Sex.
outreach to members of the Armed Forces corporating certain economic data held by
(B) Age. the Veterans Benefits Administration into
though the Transition Assistance Program (C) Rank at separation from the Armed
under sections 1142 and 1144 of title 10, the model used by the REACH VET program,
Forces. including financial data and employment
United States Code. (D) Career field after separation from the
(F) A description of legislative or adminis- status, which research indicates may have
Armed Forces. an impact on risk for suicide.
trative action required to carry out the plan. (E) State and county of residence one (c) REACH VET PROGRAM DEFINED.—In
(G) A description of how the plan would month prior to death. this section, the term ‘‘REACH VET pro-
further the ongoing initiatives under Execu- (F) Branch of service in the Armed Forces. gram’’ means the Recovery Engagement and
tive Order 13822 (83 Fed. Reg. 1513; relating to (G) Marital status. Coordination for Health—Veterans Enhanced
supporting our veterans during their transi- (H) Reason for separation from the Armed Treatment program of the Department of
tion from uniformed service to civilian life) Forces. Veterans Affairs.
to provide seamless access to high-quality (5) Support or medical services furnished SEC. 104. REPORT ON CARE FOR FORMER MEM-
mental health care and suicide prevention to the former member through the Depart- BERS OF THE ARMED FORCES WITH
resources to veterans as they transition, ment of Defense, specified by the type of OTHER THAN HONORABLE DIS-
with an emphasis on the one-year period fol- service or care provided. CHARGE.
lowing separation. (6) Support or medical services furnished Section 1720I(f) of title 38, United States
(b) DEFINITIONS.—In this section: Code, is amended—
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to the former member through the Depart-
(1) ACTIVE MILITARY, NAVAL, OR AIR SERV- ment of Veterans Affairs, specified by the (1) in paragraph (1) by striking ‘‘Not less
ICE.—The term ‘‘active military, naval, or type of service or care provided. frequently than once’’ and inserting ‘‘Not
air service’’ has the meaning given that term (c) EVIDENCE-BASED AND EMPIRICALLY-SUP- later than February 15’’; and
in section 101(24) of title 38, United States PORTED CONTEXTUAL AND INDIVIDUAL RISK (2) in paragraph (2)—
Code. FACTORS.—Evidence-based and empirically- (A) by redesignating subparagraph (C) as
(2) APPROPRIATE COMMITTEES OF CON- supported contextual and individual risk fac- subparagraph (F); and
GRESS.—The term ‘‘appropriate committees tors specified in this subsection include the (B) by inserting after subsection (B) the
of Congress’’ means— following: following new subparagraphs:
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4963
‘‘(C) The types of mental or behavioral (C) GEOGRAPHY.—In distributing grants ble entity and the identified need for those
health care needs treated under this section. under this paragraph, the Secretary may services.
‘‘(D) The demographics of individuals being provide grants to eligible entities that fur- (B) A detailed plan describing how the eli-
treated under this section, including— nish services to eligible individuals and their gible entity proposes to coordinate or deliver
‘‘(i) age; families in geographically dispersed areas. suicide prevention services to eligible indi-
‘‘(ii) era of service in the Armed Forces; (2) PREFERENCE.—The Secretary shall give viduals, including—
‘‘(iii) branch of service in the Armed preference to eligible entities that have dem- (i) an identification of the community
Forces; and onstrated the ability to provide or coordi- partners, if any, with which the eligible enti-
‘‘(iv) geographic location. nate suicide prevention services. ty proposes to work in delivering such serv-
‘‘(E) The average number of visits for an (e) REQUIREMENTS FOR RECEIPT OF ices;
individual for mental or behavioral health GRANTS.— (ii) a description of the arrangements cur-
care under this section.’’. (1) NOTIFICATION THAT SERVICES ARE FROM rently in place between the eligible entity
TITLE II—SUICIDE PREVENTION DEPARTMENT.—Each entity receiving a grant and such partners with regard to the provi-
under this section to provide or coordinate sion or coordination of suicide prevention
SEC. 201. FINANCIAL ASSISTANCE TO CERTAIN
ENTITIES TO PROVIDE OR COORDI- suicide prevention services to eligible indi- services;
NATE THE PROVISION OF SUICIDE viduals and their families shall notify the re- (iii) an identification of how long such ar-
PREVENTION SERVICES FOR ELIGI- cipients of such services that such services rangements have been in place;
BLE INDIVIDUALS AND THEIR FAMI- are being paid for, in whole or in part, by the (iv) a description of the suicide prevention
LIES. services provided by such partners that the
Department.
(a) PURPOSE; DESIGNATION.— (2) DEVELOPMENT OF PLAN WITH ELIGIBLE IN- eligible entity shall coordinate, if any; and
(1) PURPOSE.—The purpose of this section DIVIDUALS AND THEIR FAMILY.—Any plan de-
(v) an identification of local suicide pre-
is to reduce veteran suicide through a com- veloped with respect to the provision of sui- vention coordinators of the Department and
munity-based grant program to award grants cide prevention services for an eligible indi- a description of how the eligible entity will
to eligible entities to provide or coordinate vidual or their family shall be developed in communicate with local suicide prevention
suicide prevention services to eligible indi- consultation with the eligible individual and coordinators.
viduals and their families. their family. (C) A description of the population of eligi-
(2) DESIGNATION.—The grant program under ble individuals and their families proposed to
(3) COORDINATION.—An entity receiving a
this section shall be known as the ‘‘Staff be provided suicide prevention services.
grant under this section shall—
Sergeant Parker Gordon Fox Suicide Preven- (D) Based on information and methods de-
(A) coordinate with the Secretary with re-
tion Grant Program’’. veloped by the Secretary for purposes of this
spect to the provision of clinical services to
(b) FINANCIAL ASSISTANCE AND COORDINA- subsection, an estimate of the number of eli-
eligible individuals in accordance with sub-
TION.—The Secretary shall provide financial gible individuals at risk of suicide and their
section (n) or any other provisions of the law
assistance to eligible entities approved under families proposed to be provided suicide pre-
this section through the award of grants to regarding the delivery of health care by the
vention services, including the percentage of
such entities to provide or coordinate the Secretary;
those eligible individuals who are not cur-
provision of services to eligible individuals (B) inform every veteran who receives as-
rently receiving care furnished by the De-
and their families to reduce the risk of sui- sistance under this section from the entity partment.
cide. The Secretary shall carry out this sec- of the ability of the veteran to apply for en- (E) Evidence of measurable outcomes re-
tion in coordination with the President’s rollment in the patient enrollment system of lated to reductions in suicide risk and mood-
Roadmap to Empower Veterans and End a the Department under section 1705(a) of title related symptoms utilizing validated instru-
National Tragedy of Suicide Task Force and 38, United States Code; and ments by the eligible entity (and the pro-
in consultation with the Office of Mental (C) if such a veteran wishes to so enroll, in- posed partners of the entity, if any) in pro-
Health and Suicide Prevention of the Depart- form the veteran of a point of contact at the viding suicide prevention services to individ-
ment, to the extent practicable. Department who can assist the veteran in uals at risk of suicide, particularly to eligi-
(c) AWARD OF GRANTS.— such enrollment. ble individuals and their families.
(1) IN GENERAL.—The Secretary shall award (4) MEASUREMENT AND MONITORING.—An en- (F) A description of the managerial and
a grant to each eligible entity for which the tity receiving a grant under this section technological capacity of the eligible enti-
Secretary has approved an application under shall submit to the Secretary a description ty—
subsection (f) to provide or coordinate the of such tools and assessments the entity uses (i) to coordinate the provision of suicide
provision of suicide prevention services or will use to determine the effectiveness of prevention services with the provision of
under this section. the services furnished by the entity, which other services;
(2) GRANT AMOUNTS, INTERVALS OF PAY- shall include the measures developed under (ii) to assess on an ongoing basis the needs
MENT, AND MATCHING FUNDS.—In accordance subsection (h)(2) and may include— of eligible individuals and their families for
with the services being provided under a (A) the effect of the services furnished by suicide prevention services;
grant under this section and the duration of the entity on the financial stability of the (iii) to coordinate the provision of suicide
those services, the Secretary shall estab- eligible individual; prevention services with the services of the
lish— (B) the effect of the services furnished by Department for which eligible individuals
(A) a maximum amount to be awarded the entity on the mental health status, are also eligible;
under the grant of not more than $750,000 per wellbeing, and suicide risk of the eligible in- (iv) to tailor suicide prevention services to
grantee per fiscal year; and dividual; and the needs of eligible individuals and their
(B) intervals of payment for the adminis- (C) the effect of the services furnished by families;
tration of the grant. the entity on the social support of the eligi- (v) to seek continuously new sources of as-
(d) DISTRIBUTION OF GRANTS AND PREF- ble individuals receiving those services. sistance to ensure the continuity of suicide
ERENCE.— (5) REPORTS.—The Secretary— prevention services for eligible individuals
(1) DISTRIBUTION.— (A) shall require each entity receiving a and their families as long as they are deter-
(A) PRIORITY.—In compliance with sub- grant under this section to submit to the mined to be at risk of suicide; and
paragraphs (B) and (C), in determining how Secretary an annual report that describes (vi) to measure the effects of suicide pre-
to distribute grants under this section, the the projects carried out with such grant dur- vention services provided by the eligible en-
Secretary may prioritize— ing the year covered by the report; tity or partner organization, in accordance
(i) rural communities; (B) shall specify to each such entity the with subsection (h)(2), on the lives of eligible
(ii) Tribal lands; evaluation criteria and data and information individuals and their families who receive
(iii) territories of the United States; to be submitted in such report; and such services provided by the organization
(iv) medically underserved areas; (C) may require each such entity to submit using pre- and post-evaluations on validated
(v) areas with a high number or percentage to the Secretary such additional reports as measures of suicide risk and mood-related
of minority veterans or women veterans; and the Secretary considers appropriate. symptoms.
(vi) areas with a high number or percent- (f) APPLICATION FOR GRANTS.— (G) Clearly defined objectives for the provi-
age of calls to the Veterans Crisis Line. (1) IN GENERAL.—An eligible entity seeking sion of suicide prevention services.
(B) AREAS WITH NEED.—The Secretary shall a grant under this section shall submit to (H) A description and physical address of
ensure that, to the extent practicable, grants the Secretary an application therefor in such the primary location of the eligible entity.
under this section are distributed— form, in such manner, and containing such (I) A description of the geographic area the
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(i) to provide services in areas of the commitments and information as the Sec- eligible entity plans to serve during the
United States that have experienced high retary considers necessary to carry out this grant award period for which the application
rates of suicide by eligible individuals, in- section. applies.
cluding suicide attempts; and (2) MATTERS TO BE INCLUDED.—Each appli- (J) If the eligible entity is a State or local
(ii) to eligible entities that can assist eligi- cation submitted by an eligible entity under government or an Indian tribe, the amount
ble individuals at risk of suicide who are not paragraph (1) shall contain the following: of grant funds proposed to be made available
currently receiving health care furnished by (A) A description of the suicide prevention to community partners, if any, through
the Department. services proposed to be provided by the eligi- agreements.
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S4964 CONGRESSIONAL RECORD — SENATE August 5, 2020
(K) A description of how the eligible entity (C) National organizations representing (B) ELEMENTS.—The report submitted
will assess the effectiveness of the provision members of the Armed Forces. under subparagraph (A) shall include the fol-
of grants under this section. (D) National organizations that represent lowing:
(L) An agreement to use the measures and counties. (i) An assessment of the effectiveness of
metrics provided by the Department for the (E) Organizations with which the Depart- the grant program under this section, includ-
purposes of measuring the effectiveness of ment has a current memorandum of agree- ing—
the programming as described in subsection ment or understanding related to mental (I) the effectiveness of grant recipients and
(h)(2). health or suicide prevention. their community partners, if any, in con-
(M) Such additional application criteria as (F) State departments of veterans affairs. ducting outreach to eligible individuals;
the Secretary considers appropriate. (G) National organizations representing (II) the effectiveness of increasing eligible
(g) TRAINING AND TECHNICAL ASSISTANCE.— members of the reserve components of the individuals engagement in suicide preven-
(1) IN GENERAL.—The Secretary shall pro- Armed Forces. tion services; and
vide training and technical assistance, in co- (H) National organizations representing (III) such other validated instruments and
ordination with the Centers for Disease Con- members of the Coast Guard. additional measures as determined by the
trol and Prevention, to eligible entities in (I) Organizations, including institutions of Secretary and as described in subsection
receipt of grants under this section regard- higher education, with experience in cre- (h)(2).
ing— ating measurement tools for purposes of ad- (ii) A list of grant recipients and their
(A) suicide risk identification and manage- vising the Secretary on the most appropriate partner organizations, if any, that delivered
ment; existing measurement tool or protocol for services funded by the grant and the amount
(B) the data required to be collected and the Department to utilize. of such grant received by each recipient and
shared with the Department; (J) The National Alliance on Mental Ill- partner organization.
(C) the means of data collection and shar- ness. (iii) The number of eligible individuals sup-
ing; (K) A labor organization (as such term is ported by each grant recipient, including
(D) familiarization with and appropriate defined in section 7103(a)(4) of title 5, United through services provided to family mem-
use of any tool to be used to measure the ef- States Code). bers, disaggregated by—
fectiveness of the use of the grants provided; (L) The Centers for Disease Control and (I) all demographic characteristics as de-
and Prevention, the Substance Abuse and Mental termined necessary and appropriate by the
(E) the requirements for reporting under Health Services Administration, the Presi- Secretary in coordination with the Centers
subsection (e)(5) on services provided via dent’s Roadmap to Empower Veterans and for Disease Control and Prevention;
such grants. End a National Tragedy of Suicide Task (II) whether each such eligible individual is
(2) PROVISION OF TRAINING AND TECHNICAL Force, and such other organizations as the enrolled in the patient enrollment system of
ASSISTANCE.—The Secretary may provide the Secretary considers appropriate. the Department under section 1705(a) of title
training and technical assistance described (4) REPORT ON GRANT CRITERIA.—Not later 38, United States Code;
in paragraph (1) directly or through grants than 30 days before notifying eligible enti- (III) branch of service in the Armed Forces;
or contracts with appropriate public or non- ties of the availability of funding under this (IV) era of service in the Armed Forces;
profit entities. section, the Secretary shall submit to the (V) type of service received by the eligible
(h) ADMINISTRATION OF GRANT PROGRAM.— appropriate committees of Congress a report individual; and
(1) SELECTION CRITERIA.—The Secretary, in containing— (VI) whether each such eligible individual
consultation with entities specified in para- (A) criteria for the award of a grant under was referred to the Department for care.
graph (3), shall establish criteria for the se- this section; (iv) The number of eligible individuals sup-
lection of eligible entities that have sub- (B) the already developed measures and ported by grants under this section, includ-
mitted applications under subsection (f). metrics to be used by the Department to ing through services provided to family
(2) DEVELOPMENT OF MEASURES AND measure the effectiveness of the use of members.
METRICS.—The Secretary shall develop, in grants provided under this section as de- (v) The number of eligible individuals de-
consultation with entities specified in para- scribed in subsection (h)(2); and scribed in clause (iv) who were not pre-
graph (3), the following: (C) a framework for the sharing of informa- viously receiving care furnished by the De-
(A) A framework for collecting and sharing tion about entities in receipt of grants under partment, with specific numbers for the pop-
information about entities in receipt of this section. ulation of eligible individuals described in
grants under this section for purposes of im- (i) INFORMATION ON POTENTIAL ELIGIBLE IN- subsection (q)(4)(B).
proving the services available for eligible in- DIVIDUALS.— (vi) The number of eligible individuals
dividuals and their families, set forth by (1) IN GENERAL.—The Secretary may make whose mental health status, wellbeing, and
service type, locality, and eligibility cri- available to recipients of grants under this suicide risk received a baseline measurement
teria. section certain information regarding poten- assessment under this section and the num-
(B) The measures and metrics to be used by tial eligible individuals who may receive ber of such eligible individuals whose mental
each entity in receipt of grants under this services for which such grant is provided. health status, wellbeing, and suicide risk
section to determine the effectiveness of the (2) INFORMATION INCLUDED.—The informa- will be measured by the Department or a
programming being provided by such entity tion made available under paragraph (1) with community partner over a period of time for
in improving mental health status, respect to potential eligible individuals may any improvements.
wellbeing, and reducing suicide risk and include the following: (vii) The types of data the Department was
completed suicides of eligible individuals (A) Confirmation of the status of a poten- able to collect and share with partners, in-
and their families, which shall include an ex- tial eligible individual as a veteran. cluding a characterization of the benefits of
isting measurement tool or protocol for the (B) Confirmation of whether the potential that data.
grant recipient to utilize when determining eligible individual is enrolled in the patient (viii) The number and percentage of eligi-
programmatic effectiveness. enrollment system of the Department under ble individuals referred to the point of con-
(3) COORDINATION.—In developing a plan for section 1705(a) of title 38, United States tact at the Department under subsection
the design and implementation of the provi- Code. (e)(3)(C).
sion of grants under this section, including (C) Confirmation of whether a potential el- (ix) The number of eligible individuals
criteria for the award of grants, the Sec- igible individual is currently receiving care newly enrolled in the patient enrollment sys-
retary shall consult with the following: furnished by the Department or has recently tem of the Department under section 1705(a)
(A) Veterans service organizations. received such care. of title 38, United States Code based on a re-
(B) National organizations representing po- (3) OPT-OUT.—The Secretary shall allow an ferral to the Department from a grant recipi-
tential community partners of eligible enti- eligible individual to opt out of having their ent under subsection (e)(3)(C), disaggregated
ties in providing supportive services to ad- information shared under this subsection by grant recipient.
dress the needs of eligible individuals and with recipients of grants under this section. (x) A detailed account of how the grant
their families, including national organiza- (j) DURATION.—The authority of the Sec- funds were used, including executive com-
tions that— retary to provide grants under this section pensation, overhead costs, and other indirect
(i) advocate for the needs of individuals shall terminate on the date that is three costs.
with or at risk of behavioral health condi- years after the date on which the first grant (xi) A description of any outreach activi-
tions; is awarded under this section. ties conducted by the eligible entity in re-
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(ii) represent mayors; (k) REPORTING.— ceipt of a grant with respect to services pro-
(iii) represent unions; (1) INTERIM REPORT.— vided using the grant.
(iv) represent first responders; (A) IN GENERAL.—Not later than 18 months (xii) The number of individuals who seek
(v) represent chiefs of police and sheriffs; after the date on which the first grant is services from the grant recipient who are not
(vi) represent governors; awarded under this section, the Secretary eligible individuals.
(vii) represent a territory of the United shall submit to the appropriate committees (C) SUBMITTAL OF INFORMATION BY GRANT
States; or of Congress a report on the provision of RECIPIENTS.—The Secretary may require eli-
(viii) represent a Tribal alliance. grants to eligible entities under this section. gible entities receiving grants under this
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4965
section to provide to Congress such informa- baseline mental health screening conducted (E) A State or local government.
tion as the Secretary determines necessary under subsection (q)(11)(A)(ii) with respect to (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi-
regarding the elements described in subpara- the individual, the entity shall refer the eli- ble individual’’ includes a person at risk of
graph (B). gible individual to the Department for addi- suicide who is—
(2) FINAL REPORT.—Not later than three tional care under subsection (n) or any other (A) a veteran as defined in section 101 of
years after the date on which the first grant provision of law. title 38, United States Code;
is awarded under this section, and annually (2) EMERGENCY TREATMENT.—If an eligible (B) an individual described in section
thereafter for each year in which the pro- entity in receipt of a grant under this sec- 1720I(b) of such title; or
gram is in effect, the Secretary shall submit tion determines that an eligible individual (C) an individual described in any of
to the appropriate committees of Congress— furnished clinical services for emergency clauses (i) through (iv) of section
(A) a follow-up on the interim report sub- treatment under subsection (q)(11)(A)(iv) re- 1712A(a)(1)(C) of such title.
mitted under paragraph (1) containing the quires ongoing services, the entity shall (5) EMERGENCY TREATMENT.—Medical serv-
elements set forth in subparagraph (B) of refer the eligible individual to the Depart- ices, professional services, ambulance serv-
such paragraph; and ment for additional care under subsection (n) ices, ancillary care and medication (includ-
(B) a report on— or any other provision of law. ing a short course of medication related to
(i) the effectiveness of the provision of (3) REFUSAL.—If an eligible individual re- and necessary for the treatment of the emer-
grants under this section, including the ef- fuses a referral by an entity under paragraph gency condition that is provided directly to
fectiveness of community partners in con- (1) or (2), any ongoing clinical services pro- or prescribed for the patient for use after the
ducting outreach to eligible individuals and vided to the eligible individual by the entity emergency condition is stabilized and the pa-
their families and reducing the rate of sui- shall be at the expense of the entity. tient is discharged) was rendered in a med-
cide among eligible individuals; (n) PROVISION OF CARE TO ELIGIBLE INDIVID- ical emergency of such nature that a prudent
(ii) an assessment of the increased capacity UALS.—When the Secretary determines it is layperson would have reasonably expected
of the Department to provide services to eli- clinically appropriate, the Secretary shall that delay in seeking immediate medical at-
gible individuals and their families, set forth furnish to eligible individuals who are re- tention would have been hazardous to life or
by State, as a result of the provision of ceiving or have received suicide prevention health. This standard is met by an emer-
grants under this section; services through grants provided under this gency medical condition manifesting itself
(iii) the feasibility and advisability of ex- section an initial mental health assessment by acute symptoms of sufficient severity (in-
tending or expanding the provision of grants and mental health or behavioral health care cluding severe pain) that a prudent
consistent with this section; and services authorized under chapter 17 of title layperson who possesses an average knowl-
(iv) such other elements as considered ap- 38, United States Code, that are required to edge of health and medicine could reason-
propriate by the Secretary. treat the mental or behavioral health care ably expect the absence of immediate med-
(l) THIRD-PARTY ASSESSMENT.— needs of the eligible individual, including ical attention to result in placing the health
(1) STUDY OF GRANT PROGRAM.— risk of suicide. of the individual in serious jeopardy, serious
(A) IN GENERAL.—Not later than 180 days (o) AGREEMENTS WITH COMMUNITY PART- impairment to bodily functions, or serious
after the commencement of the grant pro- NERS.— dysfunction of any bodily organ or part.
gram under this section, the Secretary shall (1) IN GENERAL.—Subject to paragraph (2), (6) FAMILY.—The term ‘‘family’’ means,
seek to enter into a contract with an appro- an eligible entity may use grant funds to with respect to an eligible individual, any of
priate entity described in paragraph (3) to enter into an agreement with a community the following:
conduct a study of the grant program. partner under which the eligible entity may (A) A parent.
(B) ELEMENTS OF STUDY.—In conducting provide funds to the community partner for (B) A spouse.
the study under subparagraph (A), the appro- the provision of suicide prevention services (C) A child.
priate entity shall— to eligible individuals and their families. (D) A sibling.
(i) evaluate the effectiveness of the grant (2) LIMITATION.—The ability of a recipient (E) A step-family member.
program under this section in— of a grant under this section to provide grant (F) An extended family member.
(I) addressing the factors that contribute funds to a community partner shall be lim- (G) Any other individual who lives with
to suicides; ited to grant recipients that are a State or the eligible individual.
(II) increasing the use of suicide preven- local government or an Indian tribe. (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’
tion services; (p) AUTHORIZATION OF APPROPRIATIONS.— has the meaning given that term in section
(III) reducing mood-related symptoms that There is authorized to be appropriated to the 4 of the Native American Housing Assistance
increase suicide and suicide risk; and Secretary to carry out this section a total of and Self-Determination Act of 1996 (25 U.S.C.
(IV) where such information is available $174,000,000 for fiscal years 2021 through 2025. 4103).
due to the time frame of the grant program, (q) DEFINITIONS.—In this section: (8) RISK OF SUICIDE.—
reducing suicidal ideation, suicide attempts, (1) APPROPRIATE COMMITTEES OF CON- (A) IN GENERAL.—The term ‘‘risk of sui-
self-harm, and deaths by suicide; and GRESS.—The term ‘‘appropriate committees cide’’ means exposure to, or the existence of,
(V) reducing suicidal ideation, suicide at- of Congress’’ means— any of the following (to a degree determined
tempts, self-harm, and deaths by suicide (A) the Committee on Veterans’ Affairs by the Secretary pursuant to regulations):
among eligible individuals through eligible and the Subcommittee on Military Construc- (i) Health risk factors, including the fol-
entities located in communities; and tion, Veterans Affairs, and Related Agencies lowing:
(ii) compare the results of the grant pro- of the Committee on Appropriations of the (I) Mental health challenges.
gram with other national programs in deliv- Senate; and (II) Substance abuse.
ering resources to eligible individuals in the (B) the Committee on Veterans’ Affairs (III) Serious or chronic health conditions
communities where they live that address and the Subcommittee on Military Construc- or pain.
the factors that contribute to suicide. tion, Veterans Affairs, and Related Agencies (IV) Traumatic brain injury.
(2) ASSESSMENT.— of the Committee on Appropriations of the (ii) Environmental risk factors, including
(A) IN GENERAL.—The contract under para- House of Representatives. the following:
graph (1) shall provide that not later than 24 (2) DEPARTMENT.—The term ‘‘Department’’ (I) Prolonged stress.
months after the commencement of the means the Department of Veterans Affairs. (II) Stressful life events.
grant program under this section, the appro- (3) ELIGIBLE ENTITY.—The term ‘‘eligible (III) Unemployment.
priate entity shall submit to the Secretary entity’’ means— (IV) Homelessness.
an assessment based on the study conducted (A) an incorporated private institution or (V) Recent loss.
pursuant to such contract. foundation— (VI) Legal or financial challenges.
(B) SUBMITTAL TO CONGRESS.—Upon receipt (i) no part of the net earnings of which in- (iii) Historical risk factors, including the
of the assessment under subparagraph (A), curs to the benefit of any member, founder, following:
the Secretary shall transmit to the appro- contributor, or individual; and (I) Previous suicide attempts.
priate committees of Congress a copy of the (ii) that has a governing board that would (II) Family history of suicide.
assessment. be responsible for the operation of the sui- (III) History of abuse, neglect, or trauma.
(3) APPROPRIATE ENTITY.—An appropriate cide prevention services provided under this (B) DEGREE OF RISK.—The Secretary may,
entity described in this paragraph is a non- section; by regulation, establish a process for deter-
government entity with experience opti- (B) a corporation wholly owned and con- mining degrees of risk of suicide for use by
mizing and assessing organizations that de- trolled by an organization meeting the re- grant recipients to focus the delivery of serv-
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liver services and assessing the effectiveness quirements of clauses (i) and (ii) of subpara- ices using grant funds.
of suicide prevention programs. graph (A); (9) RURAL.—The term ‘‘rural’’, with respect
(m) REFERRAL FOR CARE.— (C) an Indian tribe; to a community, has the meaning given that
(1) MENTAL HEALTH ASSESSMENT.—If an eli- (D) a community-based organization that term in the Rural-Urban Commuting Areas
gible entity in receipt of a grant under this can effectively network with local civic or- coding system of the Department of Agri-
section determines that an eligible indi- ganizations, regional health systems, and culture.
vidual is at-risk of suicide or other mental or other settings where eligible individuals and (10) SECRETARY.—The term ‘‘Secretary’’
behavioral health condition pursuant to a their families are likely to have contact; or means the Secretary of Veterans Affairs.
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S4966 CONGRESSIONAL RECORD — SENATE August 5, 2020
(11) SUICIDE PREVENTION SERVICES.— plete an analysis on the feasibility and ad- (1) IN GENERAL.—The Secretary shall carry
(A) IN GENERAL.—The term ‘‘suicide pre- visability of providing complementary and out the pilot program under this section for
vention services’’ means services to address integrative health treatments described in a three-year period beginning on the com-
the needs of eligible individuals and their subsection (c) at all medical facilities of the mencement of the pilot program.
families and includes the following: Department of Veterans Affairs. (2) EXTENSION.—The Secretary may extend
(i) Outreach to identify those at risk of (b) INCLUSION OF ASSESSMENT OF REPORT.— the duration of the pilot program under this
suicide with an emphasis on eligible individ- The analysis conducted under subsection (a) section if the Secretary, based on the results
uals who are at highest risk or who are not shall include an assessment of the final re- of the interim report submitted under sub-
receiving health care or other services fur- port of the Creating Options for Veterans’ section (f)(1), determines that it is appro-
nished by the Department. Expedited Recovery Commission (commonly priate to do so.
(ii) A baseline mental health screening for referred to as the ‘‘COVER Commission’’) es- (e) LOCATIONS.—
risk. tablished under section 931 of the Jason (1) IN GENERAL.—The Secretary shall select
(iii) Education on suicide risk and preven- Simcakoski Memorial and Promise Act (title not fewer than five facilities of the Depart-
tion to families and communities. IX of Public Law 114–198; 38 U.S.C. 1701 note) ment at which to carry out the pilot pro-
(iv) Provision of clinical services for emer- submitted under subsection (e)(2) of such gram under this section.
gency treatment. section. (2) SELECTION CRITERIA.—In selecting facili-
(v) Case management services. (c) TREATMENTS DESCRIBED.—Complemen- ties under paragraph (1), the Secretary shall
(vi) Peer support services. tary and integrative health treatments de- ensure that—
(vii) Assistance in obtaining any benefits scribed in this subsection shall consist of the (A) the locations are in geographically di-
from the Department that the eligible indi- following: verse areas; and
vidual and their family may be eligible to re- (1) Yoga. (B) not fewer than three facilities serve
ceive, including— (2) Meditation. veterans in rural or highly rural areas (as de-
(I) vocational and rehabilitation coun- (3) Acupuncture. termined through the use of the Rural-Urban
seling; (4) Chiropractic care. Commuting Areas coding system of the De-
(II) supportive services for homeless vet- (5) Other treatments that show sufficient partment of Agriculture).
erans; evidence of efficacy at treating mental or
(III) employment and training services; (f) REPORTS.—
physical health conditions, as determined by (1) INTERIM REPORT.—
(IV) educational assistance; and the Secretary.
(V) health care services. (A) IN GENERAL.—Not later than one year
(d) REPORT.—The Secretary shall submit to after the commencement of the pilot pro-
(viii) Assistance in obtaining and coordi- the Committee on Veterans’ Affairs of the
nating the provision of other benefits pro- gram under this section, the Secretary shall
Senate and the Committee on Veterans’ Af- submit to the Committee on Veterans’ Af-
vided by the Federal Government, a State or fairs of the House of Representatives a re-
local government, or an eligible entity. fairs of the Senate and the Committee on
port on the analysis completed under sub- Veterans’ Affairs of the House of Representa-
(ix) Assistance with emergent needs relat- section (a), including—
ing to— tives a report on the progress of the pilot
(1) the results of such analysis; and program.
(I) health care services; (2) such recommendations regarding the
(II) daily living services; (B) ELEMENTS.—The report required by
furnishing of complementary and integrative subparagraph (A) shall include the following:
(III) personal financial planning and coun- health treatments described in subsection (c)
seling; (i) The number of participants in the pilot
as the Secretary considers appropriate. program.
(IV) transportation services; SEC. 203. PILOT PROGRAM TO PROVIDE VET-
(V) temporary income support services; (ii) The type or types of therapy offered at
ERANS ACCESS TO COMPLEMEN-
(VI) fiduciary and representative payee each facility at which the pilot program is
TARY AND INTEGRATIVE HEALTH
services; PROGRAMS THROUGH ANIMAL being carried out.
(VII) legal services to assist the eligible in- THERAPY, AGRITHERAPY, SPORTS (iii) An assessment of whether participa-
dividual with issues that may contribute to AND RECREATION THERAPY, ART tion by a veteran in the pilot program re-
the risk of suicide; and
THERAPY, AND POSTTRAUMATIC sulted in any changes in clinically relevant
GROWTH PROGRAMS. endpoints for the veteran with respect to the
(VIII) child care (not to exceed $5,000 per
(a) IN GENERAL.—Not later than 180 days conditions specified in subsection (a).
family of an eligible individual per fiscal
after the date on which the Creating Options (iv) An assessment of the quality of life of
year).
for Veterans’ Expedited Recovery Commis- veterans participating in the pilot program,
(x) Nontraditional and innovative ap-
sion (commonly referred to as the ‘‘COVER including the results of a satisfaction survey
proaches and treatment practices, as deter-
Commission’’) established under section 931 of the participants in the pilot program,
mined appropriate by the Secretary, in con-
of the Jason Simcakoski Memorial and disaggregated by program under subsection
sultation with appropriate entities.
Promise Act (title IX of Public Law 114–198; (b).
(xi) Such other services necessary for im-
38 U.S.C. 1701 note) submits its final report (v) The determination of the Secretary
proving the mental health status and
under subsection (e)(2) of such section, the with respect to extending the pilot program
wellbeing and reducing the suicide risk of el-
Secretary of Veterans Affairs shall com- under subsection (d)(2).
igible individuals and their families as the
mence the conduct of a pilot program to pro- (vi) Any recommendations of the Secretary
Secretary considers appropriate, which may
vide complementary and integrative health with respect to expanding the pilot program.
include—
programs described in subsection (b) to eligi- (2) FINAL REPORT.—Not later than 90 days
(I) adaptive sports, equine assisted ther-
ble veterans from the Department of Vet- after the termination of the pilot program
apy, or in-place or outdoor recreational ther-
erans Affairs or through the use of non-De- under this section, the Secretary shall sub-
apy;
partment entities for the treatment of post- mit to the Committee on Veterans’ Affairs of
(II) substance use reduction programming;
traumatic stress disorder, depression, anx- the Senate and the Committee on Veterans’
(III) individual, group, or family coun-
iety, or other conditions as determined by Affairs of the House of Representatives a
seling; and
the Secretary. final report on the pilot program.
(IV) relationship coaching.
(b) PROGRAMS DESCRIBED.—Complementary SEC. 204. DEPARTMENT OF VETERANS AFFAIRS
(B) EXCLUSION.—The term ‘‘suicide preven-
and integrative health programs described in STUDY OF ALL-CAUSE MORTALITY
tion services’’ does not include direct cash
this subsection may, taking into consider- OF VETERANS, INCLUDING BY SUI-
assistance to eligible individuals or their
ation the report described in subsection (a), CIDE, AND REVIEW OF STAFFING
families. LEVELS OF MENTAL HEALTH PRO-
consist of the following:
(12) VETERANS CRISIS LINE.—The term ‘‘Vet- FESSIONALS.
(1) Equine therapy.
erans Crisis Line’’ means the toll-free hot-
(2) Other animal therapy. (a) STUDY OF DEATHS OF VETERANS BY SUI-
line for veterans established under section
(3) Agritherapy. CIDE.—
1720F(h) of title 38, United States Code.
(4) Sports and recreation therapy. (1) IN GENERAL.—The Secretary of Veterans
(13) VETERANS SERVICE ORGANIZATION.—The
(5) Art therapy. Affairs shall seek to enter into an agreement
term ‘‘veterans service organization’’ means
(6) Posttraumatic growth programs. with the National Academies of Sciences,
any organization recognized by the Sec-
(c) ELIGIBLE VETERANS.—A veteran is eligi- Engineering, and Medicine under which the
retary for the representation of veterans
ble to participate in the pilot program under Secretary shall collaborate and coordinate
under section 5902 of title 38, United States
this section if the veteran— with the National Academies on a revised
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Code.
(1) is enrolled in the system of patient en- study design to fulfill the goals of the 2019
SEC. 202. ANALYSIS ON FEASIBILITY AND ADVIS-
ABILITY OF THE DEPARTMENT OF
rollment of the Department under section study design of the National Academies de-
VETERANS AFFAIRS PROVIDING 1705(a) of title 38, United States Code; and scribed in the explanatory statement accom-
CERTAIN COMPLEMENTARY AND IN- (2) has received health care under the laws panying the Further Consolidated Appropria-
TEGRATIVE HEALTH SERVICES. administered by the Secretary during the tions Act, 2020 (Public Law 116–94), as part of
(a) IN GENERAL.—Not later than 180 days two-year period preceding the initial partici- current and additional research priorities of
after the date of the enactment of this Act, pation of the veteran in the pilot program. the Department of Veterans Affairs, to
the Secretary of Veterans Affairs shall com- (d) DURATION.— evaluate the effects of opioids and
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4967
benzodiazepine on all-cause mortality of vet- mittee on Veterans’ Affairs of the House of Secretary in coordination with the Centers
erans, including suicide, regardless of wheth- Representatives containing the interim re- for Disease Control and Prevention;
er information relating to such deaths has sults— (B) Veterans Integrated Service Network;
been reported by the Centers for Disease (1) with respect to the study under sub- and
Control and Prevention. section (a)(1), not later than 24 months after (C) to the extent practicable, medical cen-
(2) GOALS.—In carrying out the collabora- entering into the agreement under such sub- ter of the Department.
tion and coordination under paragraph (1), section; and (4) A review of staffing levels of suicide
the Secretary shall seek as much as possible (2) with respect to the review under sub- prevention coordinators across the Veterans
to achieve the same advancement of useful section (b)(1), not later than 18 months after Health Administration.
knowledge as the 2019 study design described the date of the enactment of this Act. (5) A review of the resources and program-
in such paragraph. (e) REPORTS.— ming offered to family members and friends
(b) REVIEW OF STAFFING LEVELS FOR MEN- (1) REPORT ON STUDY.—Not later than 90 of veterans who have a mental health condi-
TAL HEALTH PROFESSIONALS.— days after the completion by the Secretary tion in order to assist that veteran in treat-
(1) IN GENERAL.—Not later than 90 days of Veterans Affairs in coordination with the ment and recovery.
after the date of the enactment of this Act, National Academies of Sciences, Engineer- (6) An assessment of such other areas as
the Comptroller General of the United States ing, and Medicine of the study required the Comptroller General considers appro-
shall conduct a review of the staffing levels under subsection (a)(1), the Secretary shall— priate to study.
for mental health professionals of the De- (A) submit to the Committee on Veterans’ TITLE III—PROGRAMS, STUDIES, AND
partment. Affairs of the Senate and the Committee on GUIDELINES ON MENTAL HEALTH
(2) ELEMENTS.—The review required by Veterans’ Affairs of the House of Representa-
paragraph (1) shall include a description of SEC. 301. STUDY ON CONNECTION BETWEEN LIV-
tives a report on the results of the study; and ING AT HIGH ALTITUDE AND SUI-
the efforts of the Department to maintain (B) make such report publicly available. CIDE RISK FACTORS AMONG VET-
appropriate staffing levels for mental health (2) REPORT ON REVIEW.—Not later than 90 ERANS.
professionals, such as mental health coun- days after the completion by the Comp- (a) IN GENERAL.—Not later than 180 days
selors, marriage and family therapists, and troller General of the United States of the after the date of the enactment of this Act,
other appropriate counselors, including the review required under subsection (b)(1), the the Secretary of Veterans Affairs, in con-
following: Comptroller General shall— sultation with Rural Health Resource Cen-
(A) A description of any impediments to (A) submit to the Committee on Veterans’ ters of the Office of Rural Health of the De-
carry out the education, training, and hiring Affairs of the Senate and the Committee on partment of Veterans Affairs, shall com-
of mental health counselors and marriage Veterans’ Affairs of the House of Representa- mence the conduct of a study on the connec-
and family therapists under section 7302(a) of tives a report on the results of the review; tion between living at high altitude and the
title 38, United States Code, and strategies and risk of developing depression or dying by sui-
for addressing those impediments. (B) make such report publicly available. cide among veterans.
(B) A description of the objectives, goals, (b) COMPLETION OF STUDY.—The study con-
and timing of the Department with respect SEC. 205. COMPTROLLER GENERAL REPORT ON
MANAGEMENT BY DEPARTMENT OF ducted under subsection (a) shall be com-
to increasing the representation of such VETERANS AFFAIRS OF VETERANS pleted not later than three years after the
counselors and therapists in the behavioral AT HIGH RISK FOR SUICIDE. date of the commencement of the study.
health workforce of the Department, includ- (c) INDIVIDUAL IMPACT.—The study con-
(a) IN GENERAL.—Not later than 18 months
ing— ducted under subsection (a) shall be con-
after the date of the enactment of this Act,
(i) a review of qualification criteria for ducted so as to determine the effect of high
the Comptroller General of the United States
such counselors and therapists and a com- altitude on suicide risk at the individual
shall submit to the Committee on Veterans’
parison of such criteria to that of other be- level, not at the State or county level.
Affairs of the Senate and the Committee on
havioral health professions in the Depart- (d) REPORT.—Not later than 150 days after
Veterans’ Affairs of the House of Representa-
ment; and the completion of the study conducted under
tives a report on the efforts of the Depart-
(ii) an assessment of the participation of subsection (a), the Secretary shall submit to
ment of Veterans Affairs to manage veterans
such counselors and therapists in the mental the Committee on Veterans’ Affairs of the
at high risk for suicide.
health professionals trainee program of the Senate and the Committee on Veterans’ Af-
Department and any impediments to such (b) ELEMENTS.—The report required by sub-
section (a) shall include the following: fairs of the House of Representatives a re-
participation. port on the results of the study.
(C) An assessment of the development by (1) A description of how the Department
(e) FOLLOW-UP STUDY.—
the Department of hiring guidelines for men- identifies patients as high risk for suicide,
(1) IN GENERAL.—If the Secretary deter-
tal health counselors, marriage and family with particular consideration to the efficacy
mines through the study conducted under
therapists, and other appropriate counselors. of inputs into the Recovery Engagement and
subsection (a) that living at high altitude is
(D) A description of how the Department— Coordination for Health – Veterans En-
a risk factor for developing depression or
(i) identifies gaps in the supply of mental hanced Treatment program (commonly re-
dying by suicide, the Secretary shall conduct
health professionals; and ferred to as the ‘‘REACH VET’’ program) of
an additional study to identify the following:
(ii) determines successful staffing ratios the Department, including an assessment of
(A) The most likely biological mechanism
for mental health professionals of the De- the efficacy of such identifications
that makes living at high altitude a risk fac-
partment. disaggregated by—
tor for developing depression or dying by sui-
(E) A description of actions taken by the (A) all demographic characteristics as de-
cide.
Secretary, in consultation with the Director termined necessary and appropriate by the
(B) The most effective treatment or inter-
of the Office of Personnel Management, to Secretary of Veterans Affairs in coordina-
vention for reducing the risk of developing
create an occupational series for mental tion with the Centers for Disease Control
depression or dying by suicide associated
health counselors and marriage and family and Prevention;
with living at high altitude.
therapists of the Department and a timeline (B) Veterans Integrated Service Network;
(2) REPORT.—Not later than 150 days after
for the creation of such an occupational se- and
completing the study conducted under para-
ries. (C) to the extent practicable, medical cen-
graph (1), the Secretary shall submit to the
(F) A description of actions taken by the ter of the Department.
Committee on Veterans’ Affairs of the Sen-
Secretary to ensure that the national, re- (2) A description of how the Department
ate and the Committee on Veterans’ Affairs
gional, and local professional standards intervenes when a patient is identified as
of the House of Representatives a report on
boards for mental health counselors and high risk, including an assessment of the ef-
the results of the study.
marriage and family therapists are com- ficacy of such interventions disaggregated
SEC. 302. ESTABLISHMENT BY DEPARTMENT OF
prised of only mental health counselors and by— VETERANS AFFAIRS AND DEPART-
marriage and family therapists and that the (A) all demographic characteristics as de- MENT OF DEFENSE OF A CLINICAL
liaison from the Department to such boards termined necessary and appropriate by the PROVIDER TREATMENT TOOLKIT
is a mental health counselor or marriage and Secretary in coordination with the Centers AND ACCOMPANYING TRAINING MA-
family therapist. for Disease Control and Prevention; TERIALS FOR COMORBIDITIES.
(c) COMPILATION OF DATA.—The Secretary (B) Veterans Integrated Service Network; (a) IN GENERAL.—Not later than two years
of Veterans Affairs shall ensure that data and after the date of the enactment of this Act,
(C) to the extent practicable, medical cen- the Secretary of Veterans Affairs, in con-
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under subsections (a) and (b) is compiled sep-
arately and disaggregated by year and com- ter of the Department. sultation with the Secretary of Defense,
piled in a manner that allows it to be ana- (3) A description of how the Department shall develop a clinical provider treatment
lyzed across all data fields for purposes of in- monitors patients who have been identified toolkit and accompanying training mate-
forming and updating clinical practice guide- as high risk, including an assessment of the rials for the evidence-based management of
lines of the Department of Veterans Affairs. efficacy of such monitoring and any follow- comorbid mental health conditions, co-
(d) BRIEFINGS.—The Secretary of Veterans ups disaggregated by— morbid mental health and substance use dis-
Affairs shall brief the Committee on Vet- (A) all demographic characteristics as de- orders, and a comorbid mental health condi-
erans’ Affairs of the Senate and the Com- termined necessary and appropriate by the tion and chronic pain.
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S4968 CONGRESSIONAL RECORD — SENATE August 5, 2020
(b) MATTERS INCLUDED.—In developing the SEC. 304. ESTABLISHMENT BY DEPARTMENT OF (3) RELATION TO OTHER WORK GROUPS.—The
clinical provider treatment toolkit and ac- VETERANS AFFAIRS AND DEPART- Work Group shall be created and conducted
MENT OF DEFENSE OF CLINICAL
companying training materials under sub- in the same manner as other work groups for
PRACTICE GUIDELINES FOR THE
section (a), the Secretary of Veterans Affairs TREATMENT OF SERIOUS MENTAL the development of clinical practice guide-
and the Secretary of Defense shall ensure ILLNESS. lines for the Department of Veterans Affairs
that the toolkit and training materials in- (a) IN GENERAL.—Not later than two years and the Department of Defense.
clude guidance with respect to the following: after the date of the enactment of this Act, (e) RULE OF CONSTRUCTION.—Nothing in
(1) The treatment of patients with post- this section shall be construed to prevent the
the Secretary of Veterans Affairs, in con-
traumatic stress disorder who are also expe- Secretary of Veterans Affairs and the Sec-
sultation with the Secretary of Defense and
riencing an additional mental health condi- retary of Defense from considering all rel-
the Secretary of Health and Human Services,
tion, a substance use disorder, or chronic evant evidence, as appropriate, in creating
shall complete the development of a clinical the clinical practice guideline or guidelines
pain. practice guideline or guidelines for the treat-
(2) The treatment of patients experiencing required under subsection (a) or from ensur-
ment of serious mental illness, to include the ing that the final clinical practice guideline
a mental health condition, including anx- following conditions:
iety, depression, or bipolar disorder, who are or guidelines developed under such sub-
(1) Schizophrenia. section and subsequently updated, as appro-
also experiencing a substance use disorder or (2) Schizoaffective disorder.
chronic pain. priate, remain applicable to the patient pop-
(3) Persistent mood disorder, including bi- ulations of the Department of Veterans Af-
(3) The treatment of patients with trau- polar disorder I and II. fairs and the Department of Defense.
matic brain injury who are also experi- (4) Any other mental, behavioral, or emo- SEC. 305. PRECISION MEDICINE INITIATIVE OF
encing— tional disorder resulting in serious func- DEPARTMENT OF VETERANS AF-
(A) a mental health condition, including tional impairment that substantially inter- FAIRS TO IDENTIFY AND VALIDATE
post-traumatic stress disorder, anxiety, de- feres with major life activities as the Sec- BRAIN AND MENTAL HEALTH BIO-
pression, or bipolar disorder; retary of Veterans Affairs, in consultation MARKERS.
(B) a substance use disorder; or with the Secretary of Defense and the Sec- (a) IN GENERAL.—Beginning not later than
(C) chronic pain. retary of Health and Human Services, con- 18 months after the date of the enactment of
siders appropriate. this Act, the Secretary of Veterans Affairs
SEC. 303. UPDATE OF CLINICAL PRACTICE
GUIDELINES FOR ASSESSMENT AND (b) MATTERS INCLUDED IN GUIDELINES.—The shall develop and implement an initiative of
MANAGEMENT OF PATIENTS AT RISK clinical practice guideline or guidelines de- the Department of Veterans Affairs to iden-
FOR SUICIDE. veloped under subsection (a) shall include tify and validate brain and mental health
the following: biomarkers among veterans, with specific
(a) IN GENERAL.—In the first publication of consideration for depression, anxiety, post-
(1) Guidance contained in the 2016 Clinical
the Department of Veterans Affairs and De- traumatic stress disorder, bipolar disorder,
Practice Guidelines for the Management of
partment of Defense Clinical Practice Guide- traumatic brain injury, and such other men-
Major Depressive Disorders of the Depart-
line for Assessment and Management of Pa- tal health conditions as the Secretary con-
ment of Veterans Affairs and the Depart-
tients at Risk for Suicide published after the siders appropriate. Such initiative may be
ment of Defense.
date of the enactment of this Act, the Sec- referred to as the ‘‘Precision Medicine for
(2) Guidance with respect to the treatment
retary of Veterans Affairs and the Secretary Veterans Initiative’’.
of patients with a condition described in sub- (b) MODEL OF INITIATIVE.—The initiative
of Defense, through the Assessment and
section (a). under subsection (a) shall be modeled on the
Management of Patients at Risk for Suicide
(3) A list of evidence-based therapies for All of Us Precision Medicine Initiative ad-
Work Group (in this section referred to as
the treatment of conditions described in sub- ministered by the National Institutes of
the ‘‘Work Group’’), shall ensure the publica-
section (a). Health with respect to large-scale collection
tion includes the following:
(4) An appropriate guideline for the admin- of standardized data and open data sharing.
(1) Enhanced guidance with respect to gen-
istration of pharmacological therapy, psy- (c) METHODS.—The initiative under sub-
der-specific—
chological or behavioral therapy, or other section (a) shall include brain structure and
(A) risk factors for suicide and suicidal ide-
therapy for the management of conditions function measurements, such as functional
ation;
described in subsection (a). magnetic resonance imaging and electro-
(B) treatment efficacy for depression and (c) ASSESSMENT OF EXISTING GUIDELINES.— encephalogram, and shall coordinate with
suicide prevention; Not later than two years after the date of additional biological methods of analysis
(C) pharmacotherapy efficacy; and the enactment of this Act, the Secretary of utilized in the Million Veterans Program of
(D) psychotherapy efficacy. Veterans Affairs, in consultation with the the Department of Veterans Affairs.
(2) Guidance with respect to the efficacy of Secretary of Defense and the Secretary of (d) USE OF DATA.—
alternative therapies, other than psycho- Health and Human Services, shall complete (1) PRIVACY AND SECURITY.—In carrying out
therapy and pharmacotherapy, including the an assessment of the 2016 Clinical Practice the initiative under subsection (a), the Sec-
following: Guidelines for the Management of Major De- retary shall develop robust data privacy and
(A) Yoga therapy. pressive Disorders to determine whether an security measures, consistent with section
(B) Meditation therapy. update to such guidelines is necessary. 552a of title 5, United States Code (com-
(C) Equine therapy. (d) WORK GROUP.— monly known as the ‘‘Privacy Act of 1974’’),
(D) Other animal therapy. (1) ESTABLISHMENT.—The Secretary of Vet- and regulations promulgated pursuant to the
(E) Training and caring for service dogs. erans Affairs, the Secretary of Defense, and Health Insurance Portability and Account-
(F) Agritherapy. the Secretary of Health and Human Services ability Act of 1996 (parts 160, 162, and 164 of
(G) Art therapy. shall create a work group to develop the title 45, Code of Federal Regulations, or suc-
(H) Outdoor sports therapy. clinical practice guideline or guidelines cessor regulations) to ensure that informa-
(I) Music therapy. under subsection (a) to be known as the ‘‘Se- tion of veterans participating in the initia-
(J) Any other alternative therapy that the rious Mental Illness Work Group’’ (in this tive is kept private and secure.
Work Group considers appropriate. subsection referred to as the ‘‘Work Group’’). (2) CONSULTATION WITH THE NATIONAL INSTI-
(3) Guidance with respect to the findings of (2) MEMBERSHIP.—The Work Group created TUTES OF SCIENCE AND TECHNOLOGY.—The Sec-
the Creating Options for Veterans’ Expedited under paragraph (1) shall be comprised of in- retary may consult with the National Insti-
Recovery Commission (commonly referred to dividuals that represent Federal Government tute of Science and Technology in devel-
as the ‘‘COVER Commission’’) established entities and non-Federal Government enti- oping the data privacy and security meas-
under section 931 of the Jason Simcakoski ties with expertise in the areas covered by ures described in paragraph (1).
Memorial and Promise Act (title IX of Pub- the Work Group, including the following en- (3) ACCESS STANDARDS.—The Secretary
lic Law 114–198; 38 U.S.C. 1701 note). tities: shall provide access to information under the
(b) RULE OF CONSTRUCTION.—Nothing in (A) Academic institutions that specialize initiative consistent with the standards de-
this section shall be construed to prevent the in research for the treatment of conditions scribed in section 552a(d)(1) of title 5, United
Secretary of Veterans Affairs and the Sec- described in subsection (a). States Code, and section 164.524 of title 45,
retary of Defense from considering all rel- (B) The Health Services Research and De- Code of Federal Regulations, or successor
evant evidence, as appropriate, in updating velopment Service of the Department of Vet- regulations.
the Department of Veterans Affairs and De- erans Affairs. (4) OPEN PLATFORM.—
partment of Defense Clinical Practice Guide- (C) The Office of the Assistant Secretary (A) AVAILABILITY OF DATA.—The Secretary
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line for Assessment and Management of Pa- for Mental Health and Substance Use of the shall make de-identified data collected under
tients at Risk for Suicide, as required under Department of Health and Human Services. the initiative available for research purposes
subsection (a), or from ensuring that the (D) The National Institute of Mental to Federal agencies.
final clinical practice guidelines updated Health. (B) CONTRACT.—The Secretary shall con-
under such subsection remain applicable to (E) The Indian Health Service. tract with nongovernment entities that com-
the patient populations of the Department of (F) Relevant organizations with expertise ply with requisite data security measures to
Veterans Affairs and the Department of De- in researching, diagnosing, or treating condi- make available for research purposes de-
fense. tions described in subsection (a). identified data collected under the initiative.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4969
(C) ASSISTANCE.—The Secretary shall pro- TITLE IV—OVERSIGHT OF MENTAL campaigns of the Department or, if the Sec-
vide assistance to a Federal agency con- HEALTH CARE AND RELATED SERVICES retary decides not to change the current ma-
ducting research using data collected under SEC. 401. STUDY ON EFFECTIVENESS OF SUICIDE terials and campaigns, an explanation of the
the initiative at the request of that agency. PREVENTION AND MENTAL HEALTH reason for maintaining the current materials
(D) PROHIBITION ON TRANSFER OF DATA.— OUTREACH PROGRAMS OF DEPART- and campaigns.
Federal agencies may not disclose, transmit, MENT OF VETERANS AFFAIRS. (D) A description of any dissenting or op-
share, sell, license, or otherwise transfer (a) IN GENERAL.—Not later than 180 days posing viewpoints raised by participants in
data collected under the initiative to any after the date of the enactment of this Act, the focus group.
nongovernment entity other than as allowed the Secretary of Veterans Affairs shall enter (E) Such other issues as the Secretary con-
under subparagraph (B). into an agreement with a non-Federal Gov- siders necessary.
ernment entity with expertise in conducting (d) REPRESENTATIVE SURVEY.—
(5) STANDARDIZATION.—
and evaluating research-based studies to (1) IN GENERAL.—Not later than one year
(A) IN GENERAL.—The Secretary shall en-
conduct a study on the effectiveness of the after the last focus group meeting under sub-
sure that data collected under the initiative suicide prevention and mental health out-
is standardized. section (b), the Secretary shall complete a
reach materials prepared by the Department representative survey of the veteran popu-
(B) CONSULTATION.—The Secretary shall of Veterans Affairs and the suicide preven- lation that is informed by the focus group
consult with the National Institutes of tion and mental health outreach campaigns data in order to collect information about
Health and the Food and Drug Administra- conducted by the Department. the effectiveness of the mental health and
tion to determine the most effective, effi- (b) USE OF FOCUS GROUPS.— suicide prevention materials and campaigns
cient, and cost-effective way of standard- (1) IN GENERAL.—The Secretary shall con- conducted by the Department.
izing data collected under the initiative. vene not fewer than eight different focus (2) VETERANS SURVEYED.—
(C) MANNER OF STANDARDIZATION.—In con- groups to evaluate the effectiveness of the (A) IN GENERAL.—Veterans surveyed under
sultation with the National Institute for suicide prevention and mental health mate- paragraph (1) shall include veterans de-
Science and Technology, data collected rials and campaigns as required under sub- scribed in subsection (b)(5).
under the initiative shall be standardized in section (a). (B) DISAGGREGATION OF DATA.—Data of vet-
the manner in which it is collected, entered (2) LOCATION OF FOCUS GROUPS.—Focus erans surveyed under paragraph (1) shall be
into the database, extracted, and recorded. groups convened under paragraph (1) shall be disaggregated by—
(6) MEASURES OF BRAIN FUNCTION OR STRUC- held in geographically diverse areas as fol- (i) veterans who have received care from
TURE.—Any measures of brain function or lows: the Department during the two-year period
structure collected under the initiative shall (A) Not fewer than two in rural or highly preceding the survey; and
be collected with a device that is approved rural areas. (ii) veterans who have not received care
by the Food and Drug Administration. (B) Not fewer than one in each of the four from the Department during the two-year
(7) DE-IDENTIFIED DATA DEFINED.—In this districts of the Veterans Benefits Adminis- period preceding the survey.
subsection, the term ‘‘de-identified data’’ tration. (e) TREATMENT OF CONTRACTS FOR SUICIDE
means, with respect to data held by the De- (3) TIMING OF FOCUS GROUPS.—Focus groups PREVENTION AND MENTAL HEALTH OUTREACH
partment of Veterans Affairs, that the De- convened under paragraph (1) shall be held at MEDIA.—
partment— a variety of dates and times to ensure an (1) FOCUS GROUPS.—
(A) alters, anonymizes, or aggregates the adequate representation of veterans with dif- (A) IN GENERAL.—The Secretary shall in-
data so that there is a reasonable basis for ferent work schedules. clude in each contract to develop media re-
expecting that the data could not be linked (4) NUMBER OF PARTICIPANTS.—Each focus lating to suicide prevention and mental
as a practical matter to a specific individual; group convened under paragraph (1) shall in- health materials and campaigns a require-
(B) publicly commits to refrain from at- clude not fewer than five and not more than ment that the contractor convene focus
tempting to re-identify the data with a spe- 12 participants. groups of veterans to assess the effectiveness
cific individual, and adopts controls to pre- (5) REPRESENTATION.—Each focus group of suicide prevention and mental health out-
vent such identification; and convened under paragraph (1) shall, to the reach.
(C) causes the data to be covered by a con- extent practicable, include veterans of di- (B) REPRESENTATION.—Each focus group re-
tractual or other legally enforceable prohibi- verse backgrounds, including— quired under subparagraph (A) shall, to the
tion on each entity to which the Department (A) veterans of all eras, as determined by extent practicable, include veterans of di-
discloses the data from attempting to use the Secretary; verse backgrounds, including—
the data to identify a specific individual and (B) women veterans; (i) veterans of all eras, as determined by
requires the same of all onward disclosures. (C) minority veterans; the Secretary;
(D) Native American veterans, as defined (ii) women veterans;
(e) INCLUSION OF INITIATIVE IN PROGRAM.—
in section 3765 of title 38, United States (iii) minority veterans;
The Secretary shall coordinate efforts of the
Code; (iv) Native American veterans, as defined
initiative under subsection (a) with the Mil- (E) veterans who identify as lesbian, gay, in section 3765 of title 38, United States
lion Veterans Program of the Department. bisexual, transgender, or queer (commonly Code;
SEC. 306. STATISTICAL ANALYSES AND DATA referred to as ‘‘LGBTQ’’); (v) veterans who identify as lesbian, gay,
EVALUATION BY DEPARTMENT OF (F) veterans who live in rural or highly bisexual, transgender, or queer (commonly
VETERANS AFFAIRS. rural areas; referred to as ‘‘LGBTQ’’);
(G) individuals transitioning from active (vi) veterans who live in rural or highly
(a) IN GENERAL.—Chapter 1 of title 38,
duty in the Armed Forces to civilian life; rural areas;
United States Code, is amended by adding at and (vii) individuals transitioning from active
the end the following new section: (H) other high-risk groups of veterans, as duty in the Armed Forces to civilian life;
‘‘§ 119. Contracting for statistical analyses determined by the Secretary. and
(c) REPORT.— (viii) other high-risk groups of veterans, as
and data evaluation
(1) IN GENERAL.—Not later than 90 days determined by the Secretary.
‘‘(a) IN GENERAL.—The Secretary may after the last focus group meeting under sub- (2) SUBCONTRACTING.—
enter into a contract or other agreement section (b), the Secretary shall submit to the (A) IN GENERAL.—The Secretary shall in-
with an academic institution or other quali- Committee on Veterans’ Affairs of the Sen- clude in each contract described in para-
ate and the Committee on Veterans’ Affairs graph (1)(A) a requirement that, if the con-
fied entity, as determined by the Secretary,
of the House of Representatives a report on tractor subcontracts for the development of
to carry out statistical analyses and data
the findings of the focus groups. media, the contractor shall subcontract with
evaluation as required of the Secretary by (2) ELEMENTS.—The report required by a subcontractor that has experience creating
law.’’. paragraph (1) shall include the following: impactful media campaigns that target indi-
‘‘(b) RULE OF CONSTRUCTION.—Nothing in (A) Based on the findings of the focus viduals age 18 to 34.
this section may be construed to limit the groups, an assessment of the effectiveness of (B) BUDGET LIMITATION.—Not more than
authority of the Secretary to enter into con- current suicide prevention and mental two percent of the budget of the Office of
health materials and campaigns of the De- Mental Health and Suicide Prevention of the
tracts or other agreements for statistical
partment in reaching veterans as a whole as Department for contractors for suicide pre-
analyses and data evaluation under any
well as specific groups of veterans (for exam-
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other provision of law.’’. vention and mental health media outreach
ple, women veterans). shall go to subcontractors described in sub-
(b) CLERICAL AMENDMENT.—The table of (B) Based on the findings of the focus paragraph (A).
sections at the beginning of chapter 1 of such groups, recommendations for future suicide (f) PAPERWORK REDUCTION ACT EXEMP-
title is amended by adding at the end the fol- prevention and mental health materials and TION.—Chapter 35 of title 44, United States
lowing new item: campaigns of the Department to target spe- Code (commonly known as the ‘‘Paperwork
cific groups of veterans. Reduction Act’’) shall not apply to any rule-
‘‘119. Contracting for statistical analyses and (C) A plan to change the current suicide making or information collection required
data evaluation.’’. prevention and mental health materials and under this section.
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S4970 CONGRESSIONAL RECORD — SENATE August 5, 2020
(g) RURAL AND HIGHLY RURAL DEFINED.—In (B) a description of action to be taken by (11) An assessment of how the Department
this section, with respect to an area, the the Department to modify mental health and of Veterans Affairs and the Department of
terms ‘‘rural’’ and ‘‘highly rural’’ have the suicide prevention media outreach cam- Defense coordinate suicide prevention ef-
meanings given those terms in the Rural- paigns if those goals and targets are not forts, and recommendations on how the De-
Urban Commuting Areas coding system of being met. partment of Veterans Affairs and Depart-
the Department of Agriculture. (b) REPORT ON USE OF FUNDS BY OFFICE OF ment of Defense can more effectively coordi-
SEC. 402. OVERSIGHT OF MENTAL HEALTH AND
MENTAL HEALTH AND SUICIDE PREVENTION.— nate those efforts.
SUICIDE PREVENTION MEDIA OUT- Not later than 180 days after the date of the (12) An assessment of such other areas as
REACH CONDUCTED BY DEPART- enactment of this Act, and semiannually the Comptroller General considers appro-
MENT OF VETERANS AFFAIRS. thereafter, the Secretary shall submit to the priate to study.
(a) ESTABLISHMENT OF GOALS.— Committee on Appropriations and the Com-
SEC. 404. COMPTROLLER GENERAL REPORT ON
(1) IN GENERAL.—The Secretary of Veterans mittee on Veterans’ Affairs of the Senate EFFORTS OF DEPARTMENT OF VET-
Affairs shall establish goals for the mental and the Committee on Appropriations and ERANS AFFAIRS TO INTEGRATE
the Committee on Veterans’ Affairs of the MENTAL HEALTH CARE INTO PRI-
health and suicide prevention media out-
House of Representatives a report containing MARY CARE CLINICS.
reach campaigns of the Department of Vet-
the expenditures and obligations of the Of- (a) INITIAL REPORT.—
erans Affairs, which shall include the estab-
fice of Mental Health and Suicide Prevention (1) IN GENERAL.—Not later than two years
lishment of targets, metrics, and action
of the Veterans Health Administration dur- after the date of the enactment of this Act,
plans to describe and assess those cam-
ing the period covered by the report. the Comptroller General of the United States
paigns.
SEC. 403. COMPTROLLER GENERAL MANAGE- shall submit to the Committee on Veterans’
(2) USE OF METRICS.—
MENT REVIEW OF MENTAL HEALTH
(A) IN GENERAL.—The goals established Affairs of the Senate and the Committee on
AND SUICIDE PREVENTION SERV-
under paragraph (1) shall be measured by ICES OF DEPARTMENT OF VET- Veterans’ Affairs of the House of Representa-
metrics specific to different media types. ERANS AFFAIRS. tives a report on the efforts of the Depart-
(B) FACTORS TO CONSIDER.—In using (a) IN GENERAL.—Not later than three ment of Veterans Affairs to integrate mental
metrics under subparagraph (A), the Sec- years after the date of the enactment of this health care into primary care clinics of the
retary shall determine the best methodo- Act, the Comptroller General of the United Department.
logical approach for each media type and States shall submit to the Committee on (2) ELEMENTS.—The report required by sub-
shall consider the following: Veterans’ Affairs of the Senate and the Com- section (a) shall include the following:
(i) Metrics relating to social media, which mittee on Veterans’ Affairs of the House of (A) An assessment of the efforts of the De-
may include the following: Representatives a management review of the partment to integrate mental health care
(I) Impressions. mental health and suicide prevention serv- into primary care clinics of the Department.
(II) Reach. ices provided by the Department of Veterans (B) An assessment of the effectiveness of
(III) Engagement rate. Affairs. such efforts.
(IV) Such other metrics as the Secretary (b) ELEMENTS.—The management review (C) An assessment of how the health care
considers necessary. required by subsection (a) shall include the of veterans is impacted by such integration.
(ii) Metrics relating to television, which following: (D) A description of how care is coordi-
may include the following: (1) An assessment of the infrastructure nated by the Department between specialty
(I) Nielsen ratings. under the control of or available to the Of- mental health care and primary care, includ-
(II) Such other metrics as the Secretary fice of Mental Health and Suicide Prevention ing a description of the following:
considers necessary. of the Department of Veterans Affairs or (i) How documents and patient information
(iii) Metrics relating to email, which may available to the Department of Veterans Af- are transferred and the effectiveness of those
include the following: fairs for suicide prevention efforts not oper- transfers.
(I) Open rate. ated by the Office of Mental Health and Sui- (ii) How care is coordinated when veterans
(II) Response rate. cide Prevention. must travel to different facilities of the De-
(III) Click rate. (2) A description of the management and partment.
(IV) Such other metrics as the Secretary organizational structure of the Office of (iii) How a veteran is reintegrated into pri-
considers necessary. Mental Health and Suicide Prevention, in- mary care after receiving in-patient mental
(C) UPDATE.—The Secretary shall periodi- cluding roles and responsibilities for each health care.
cally update the metrics under subparagraph position. (E) An assessment of how the integration
(B) as more accurate metrics become avail- (3) A description of the operational policies of mental health care into primary care clin-
able. and processes of the Office of Mental Health ics is implemented at different types of fa-
(3) TARGETS.—The Secretary shall estab- and Suicide Prevention. cilities of the Department.
lish targets to track the metrics used under (4) An assessment of suicide prevention (F) Such recommendations on how the De-
paragraph (2). practices and initiatives available from the partment can better integrate mental health
(4) CONSULTATION.—In establishing goals Department and through community part- care into primary care clinics as the Comp-
under paragraph (1), the Secretary shall con- nerships. troller General considers appropriate.
sult with the following: (5) An assessment of the staffing levels at (G) An assessment of such other areas as
(A) Relevant stakeholders, such as organi- the Office of Mental Health and Suicide Pre- the Comptroller General considers appro-
zations that represent veterans, as deter- vention, disaggregated by type of position, priate to study.
mined by the Secretary. and including the location of any staffing de- (b) COMMUNITY CARE INTEGRATION RE-
(B) Mental health and suicide prevention ficiencies. PORT.—
experts. (6) An assessment of the Nurse Advice Line (1) IN GENERAL.—Not later than two years
(C) Such other persons as the Secretary pilot program conducted by the Department. after the date on which the Comptroller Gen-
considers appropriate. (7) An assessment of recruitment initia- eral submits the report required under sub-
(5) INITIAL REPORT.—Not later than 180 tives in rural areas for mental health profes- section (a)(1), the Comptroller General shall
days after the date of the enactment of this sionals of the Department. submit to the Committee on Veterans’ Af-
Act, the Secretary shall submit to the Com- (8) An assessment of strategic planning fairs of the Senate and the Committee on
mittee on Veterans’ Affairs of the Senate conducted by the Office of Mental Health and Veterans’ Affairs of the House of Representa-
and the Committee on Veterans’ Affairs of Suicide Prevention. tives a report on the efforts of the Depart-
the House of Representatives a report detail- (9) An assessment of the communication, ment to integrate community-based mental
ing the goals established under paragraph (1) and the effectiveness of such communica- health care into the Veterans Health Admin-
for the mental health and suicide prevention tion— istration.
media outreach campaigns of the Depart- (A) within the central office of the Office (2) ELEMENTS.—The report required by
ment, including the metrics and targets for of Mental Health and Suicide Prevention; paragraph (1) shall include the following:
such metrics by which those goals are to be (B) between that central office and any (A) An assessment of the efforts of the De-
measured under paragraphs (2) and (3). staff member or office in the field, including partment to integrate community-based
(6) ANNUAL REPORT.—Not later than one chaplains, attorneys, law enforcement per- mental health care into the Veterans Health
year after the submittal of the report under sonnel, and volunteers; and Administration.
paragraph (5), and annually thereafter, the (C) between that central office, local facili- (B) An assessment of the effectiveness of
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Secretary shall submit to the Committee on ties of the Department, and community part- such efforts.
Veterans’ Affairs of the Senate and the Com- ners of the Department, including first re- (C) An assessment of how the health care
mittee on Veterans’ Affairs of the House of sponders, community support groups, and of veterans is impacted by such integration.
Representatives a report detailing— health care industry partners. (D) A description of how care is coordi-
(A) the progress of the Department in (10) An assessment of how effectively the nated between providers of community-based
meeting the goals established under para- Office of Mental Health and Suicide Preven- mental health care and the Veterans Health
graph (1) and the targets established under tion implements operational policies and Administration, including a description of
paragraph (3); and procedures. how documents and patient information are
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4971
transferred and the effectiveness of those (iv) Research into mental health issues and Department of Defense that furnish care for
transfers between— conditions, to include post-traumatic stress post-traumatic stress disorder or traumatic
(i) the Veterans Health Administration and disorder, depression, anxiety, bipolar dis- brain injury; and
providers of community-based mental health order, traumatic brain injury, suicidal idea- (iv) the potential role for private entities
care; and tion, and any other issues or conditions as and philanthropic organizations in carrying
(ii) providers of community-based mental the Secretary of Defense considers nec- out the activities of the center.
health care and the Veterans Health Admin- essary. (3) REPORT TO CONGRESS.—Not later than
istration. (C) A description of mental health pro- 270 days after the date of the enactment of
(E) An assessment of any disparities in the grams jointly operated by the Department of this Act, the Secretary of Veterans Affairs
coordination of community-based mental Veterans Affairs and the Department of De- shall submit to the Committee on Veterans’
health care into the Veterans Health Admin- fense, including the following: Affairs of the Senate and the Committee on
istration by location and type of facility. (i) Transition assistance programs. Veterans’ Affairs of the House of Representa-
(F) An assessment of the military cultural (ii) Clinical and non-clinical mental health tives a report that includes—
competency of health care providers pro- initiatives. (A) a summary of the evaluation required
viding community-based mental health care (iii) Programs that may secondarily im- under paragraph (1); and
to veterans. prove mental health, including employment, (B) the alternatives of analysis required
(G) Such recommendations on how the De- housing assistance, and financial literacy under paragraph (2).
partment can better integrate community- programs. (4) RURAL AND HIGHLY RURAL DEFINED.—In
based mental health care into the Veterans (iv) Research into mental health issues and this subsection, with respect to an area, the
Health Administration as the Comptroller conditions, to include post-traumatic stress terms ‘‘rural’’ and ‘‘highly rural’’ have the
General considers appropriate. disorder, depression, anxiety, bipolar dis- meanings given those terms in the Rural-
(H) An assessment of such other areas as order, traumatic brain injury, suicidal idea- Urban Commuting Areas coding system of
the Comptroller General considers appro- tion, and completed suicides, including the Department of Agriculture.
priate to study. through the use of the joint suicide data re- TITLE V—IMPROVEMENT OF MENTAL
(3) COMMUNITY-BASED MENTAL HEALTH CARE pository of the Department of Veterans Af- HEALTH MEDICAL WORKFORCE
DEFINED.—In this subsection, the term ‘‘com- fairs and the Department of Defense, and any
SEC. 501. STAFFING IMPROVEMENT PLAN FOR
munity-based mental health care’’ means other issues or conditions as the Secretary of MENTAL HEALTH PROVIDERS OF DE-
mental health care paid for by the Depart- Veterans Affairs and the Secretary of De- PARTMENT OF VETERANS AFFAIRS.
ment but provided by a non-Department fense consider necessary. (a) STAFFING PLAN.—
health care provider at a non-Department fa- (D) Recommendations for coordinating (1) IN GENERAL.—Not later than one year
cility, including care furnished under section mental health programs of the Department after the date of the enactment of this Act,
1703 of title 38, United States Code (as in ef- of Veterans Affairs and the Department of the Secretary of Veterans Affairs, in con-
fect on the date specified in section 101(b) of Defense to improve the effectiveness of those sultation with the Inspector General of the
the Caring for Our Veterans Act of 2018 (title programs. Department of Veterans Affairs, shall submit
I of Public Law 115–182)). (E) Recommendations for novel joint pro- to the Committee on Veterans’ Affairs of the
SEC. 405. JOINT MENTAL HEALTH PROGRAMS BY gramming of the Department of Veterans Af- Senate and the Committee on Veterans’ Af-
DEPARTMENT OF VETERANS AF- fairs and the Department of Defense to im- fairs of the House of Representatives a plan
FAIRS AND DEPARTMENT OF DE- prove the mental health of members of the
FENSE. to address staffing of mental health pro-
Armed Forces and veterans. viders of the Department of Veterans Affairs,
(a) REPORT ON MENTAL HEALTH PRO- (b) EVALUATION OF COLLABORATIVE EFFORTS
GRAMS.— including filling any open positions.
OF DEPARTMENT OF VETERANS AFFAIRS AND
(1) IN GENERAL.—Not later than one year DEPARTMENT OF DEFENSE AND ALTERNATIVES (2) ELEMENTS.—The plan required by para-
after the date of the enactment of this Act, OF ANALYSIS TO ESTABLISH A JOINT VA/DOD
graph (1) shall include the following:
and annually thereafter, the Secretary of INTREPID SPIRIT CENTER.— (A) An estimate of the number of positions
Veterans Affairs and the Secretary of De- (1) IN GENERAL.—The Secretary of Veterans for mental health providers of the Depart-
fense shall submit to the Committee on Vet- Affairs, in coordination with the Secretary ment that need to be filled to meet demand.
erans’ Affairs and the Committee on Armed of Defense, shall evaluate the current ongo- (B) An identification of the steps that the
Services of the Senate and the Committee on ing collaborative efforts of the Department Secretary will take to address mental health
Veterans’ Affairs and the Committee on of Veterans Affairs and the Department of staffing for the Department.
Armed Services of the House of Representa- Defense related to post-traumatic stress dis- (C) A description of any region-specific hir-
tives a report on mental health programs of order and traumatic brain injury care, re- ing incentives to be used by the Secretary in
the Department of Veterans Affairs and the search, and education to improve the quality consultation with the directors of Veterans
Department of Defense and joint programs of of and access to such care and seek potential Integrated Service Networks and medical
the Departments. new collaborative efforts to improve and ex- centers of the Department.
(2) ELEMENTS.—The report required by pand such care for veterans and members of (D) A description of any local retention or
paragraph (1) shall include the following: the Armed Forces in a joint Department of engagement incentives to be used by direc-
(A) A description of mental health pro- Veterans Affairs/Department of Defense In- tors of Veterans Integrated Service Net-
grams operated by the Department of Vet- trepid Spirit Center that serves active duty works.
erans Affairs, including the following: members of the Armed Forces, members of (E) Such recommendations for legislative
(i) Transition assistance programs. the reserve components of the Armed Forces, or administrative action as the Secretary
(ii) Clinical and non-clinical mental health and veterans for mutual benefit and growth considers necessary to aid in addressing
initiatives, including centers of excellence of in treatment and care. mental health staffing for the Department.
the Department of Veterans Affairs for trau- (2) ALTERNATIVES OF ANALYSIS.— (3) REPORT.—Not later than one year after
matic brain injury and post-traumatic stress (A) IN GENERAL.—The evaluation required the submittal of the plan required by para-
disorder. under paragraph (1) shall include an alter- graph (1), the Secretary shall submit to the
(iii) Programs that may secondarily im- natives of analysis to establish the joint De- Committee on Veterans’ Affairs of the Sen-
prove mental health, including employment, partment of Veterans Affairs/Department of ate and the Committee on Veterans’ Affairs
housing assistance, and financial literacy Defense Intrepid Spirit Center described in of the House of Representatives a report set-
programs. paragraph (1). ting forth the number of mental health pro-
(iv) Research into mental health issues and (B) ELEMENTS.—The alternatives of anal- viders hired by the Department during the
conditions, to include post-traumatic stress ysis required under subparagraph (A) with one-year period preceding the submittal of
disorder, depression, anxiety, bipolar dis- respect to the establishment of the joint De- the report.
order, traumatic brain injury, suicidal idea- partment of Veterans Affairs/Department of (b) OCCUPATIONAL SERIES FOR CERTAIN
tion, and any other issues or conditions as Defense Intrepid Spirit Center described in MENTAL HEALTH PROVIDERS.—Not later than
one year after the date of the enactment of
the Secretary of Veterans Affairs considers paragraph (1) shall provide alternatives and
this Act, the Secretary of Veterans Affairs,
necessary. recommendations that consider information
in consultation with the Office of Personnel
(B) A description of mental health pro- including—
Management, shall develop an occupational
grams operated by the Department of De- (i) colocation of the center on an installa-
series for licensed professional mental health
fense, including the following: tion of the Department of Defense or prop- counselors and marriage and family thera-
(i) Transition assistance programs. erty of a medical center of the Department
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pists of the Department of Veterans Affairs.
(ii) Clinical and non-clinical mental health of Veterans Affairs; SEC. 502. ESTABLISHMENT OF DEPARTMENT OF
initiatives, including the National Intrepid (ii) consideration of a rural or highly rural VETERANS AFFAIRS READJUSTMENT
Center of Excellence and the Intrepid Spirit area to establish the center that may include COUNSELING SERVICE SCHOLAR-
Centers. colocation described in clause (i); SHIP PROGRAM.
(iii) Programs that may secondarily im- (iii) geographic distance from existing or (a) IN GENERAL.—Chapter 76 of title 38,
prove mental health, including employment, planned Intrepid Spirit Centers of the De- United States Code, is amended by inserting
housing assistance, and financial literacy partment of Defense or other such facilities after subchapter VIII the following new sub-
programs. of the Department of Veterans Affairs or the chapter:
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S4972 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘SUBCHAPTER IX—READJUSTMENT ‘‘§ 7699B. Breach of agreement: liability (B) ELIGIBILITY.—Section 7602 of such title
COUNSELING SERVICE SCHOLARSHIP ‘‘(a) LIQUIDATED DAMAGES.—(1) A partici- is amended—
PROGRAM pant in the Program (other than a partici- (i) in subsection (a)(1)—
‘‘§ 7698. Requirement for program pant described in subsection (b)) who fails to (I) by striking ‘‘or VI’’ and inserting ‘‘VI,
accept payment, or instructs the educational or IX’’; and
‘‘As part of the Educational Assistance
institution in which the participant is en- (II) by striking ‘‘subchapter VI’’ and in-
Program, the Secretary shall carry out a
rolled not to accept payment, in whole or in serting ‘‘subchapter VI or IX’’; and
scholarship program under this subchapter.
part, of a scholarship under the agreement (ii) in subsection (b), by striking ‘‘or VI’’
The program shall be known as the Depart-
entered into under section 7604 of this title and inserting ‘‘VI, or IX’’.
ment of Veterans Affairs Readjustment
shall be liable to the United States for liq- (C) APPLICATION.—Section 7603(a)(1) of such
Counseling Service Scholarship Program (in
uidated damages in the amount of $1,500. title is amended by striking ‘‘or VIII’’ and
this subchapter referred to as the ‘Pro-
‘‘(2) Liability under paragraph (1) is in ad- inserting ‘‘VIII, or IX’’.
gram’).
dition to any period of obligated service or (D) TERMS OF AGREEMENT.—Section 7604 of
‘‘§ 7699. Eligibility; agreement other obligation or liability under such such title is amended by striking ‘‘or VIII’’
‘‘(a) IN GENERAL.—An individual is eligible agreement. each place it appears and inserting ‘‘VIII, or
to participate in the Program, as determined ‘‘(b) LIABILITY DURING PROGRAM OF IX’’.
by the Readjustment Counseling Service of STUDY.—(1) Except as provided in subsection (E) ANNUAL REPORT.—Section 7632 of such
the Department, if the individual— (d), a participant in the Program shall be lia- title is amended—
‘‘(1) is accepted for enrollment or enrolled ble to the United States for the amount (i) in paragraph (1), by striking ‘‘and the
(as described in section 7602 of this title) in which has been paid to or on behalf of the Specialty Education Loan Repayment Pro-
a program of study at an accredited edu- participant under the agreement if any of gram’’ and inserting ‘‘the Specialty Edu-
cational institution, school, or training pro- the following occurs: cation Loan Repayment Program, and the
gram leading to a terminal degree in psy- ‘‘(A) The participant fails to maintain an Readjustment Counseling Service Scholar-
chology, social work, marriage and family acceptable level of academic standing in the ship Program’’; and
therapy, or mental health counseling that educational institution in which the partici- (ii) in paragraph (4), by striking ‘‘and per
would meet the education requirements for pant is enrolled (as determined by the edu- participant in the Specialty Education Loan
appointment to a position under section cational institution under regulations pre- Repayment Program’’ and inserting ‘‘per
7402(b) of this title; and scribed by the Secretary). participant in the Specialty Education Loan
‘‘(2) enters into an agreement with the Sec- ‘‘(B) The participant is dismissed from Repayment Program, and per participant in
retary under subsection (c). such educational institution for disciplinary the Readjustment Counseling Service Schol-
‘‘(b) PRIORITY.—In selecting individuals to reasons. arship Program’’.
participate in the Program, the Secretary ‘‘(C) The participant voluntarily termi- (2) TABLE OF SECTIONS.—The table of sec-
shall give priority to the following individ- nates the program of study in such edu- tions at the beginning of chapter 76 of such
uals: cational institution before the completion of title is amended by inserting after the items
‘‘(1) An individual who agrees to be em- such program of study. relating to subchapter VIII the following:
ployed by a Vet Center located in a commu- ‘‘(2) Liability under this subsection is in
‘‘SUBCHAPTER IX—READJUSTMENT COUNSELING
nity that is— lieu of any service obligation arising under
SERVICE SCHOLARSHIP PROGRAM
‘‘(A) designated as a medically underserved the agreement.
population under section 330(b)(3) of the Pub- ‘‘(c) LIABILITY DURING PERIOD OF OBLI- ‘‘Sec.
lic Health Service Act (42 U.S.C. 254b(b)(3)); GATED SERVICE.—(1) Except as provided in ‘‘7698. Requirement for program.
and subsection (d), if a participant in the Pro- ‘‘7699. Eligibility; agreement.
gram does not complete the period of obli- ‘‘7699A. Obligated service.
‘‘(B) in a State with a per capita popu-
gated service of the participant, the United ‘‘7699B. Breach of agreement: liability.’’.
lation of veterans of more than five percent
States shall be entitled to recover from the (c) EFFECTIVE DATE.—The Secretary of
according to the National Center for Vet-
participant an amount determined in accord- Veterans Affairs shall begin awarding schol-
erans Analysis and Statistics and the Bureau
ance with the following formula: A = 3Φ(t¥s/ arships under subchapter IX of chapter 76 of
of the Census.
t). title 38, United States Code, as added by sub-
‘‘(2) An individual who is a veteran.
‘‘(2) In the formula in paragraph (1): section (a), for programs of study beginning
‘‘(c) AGREEMENT.—An agreement between
the Secretary and a participant in the Pro- ‘‘(A) ‘A’ is the amount the United States is not later than one year after the date of the
gram shall (in addition to the requirements entitled to recover. enactment of this Act.
set forth in section 7604 of this title) include ‘‘(B) ‘Φ’ is the sum of— SEC. 503. COMPTROLLER GENERAL REPORT ON
‘‘(i) the amounts paid under this sub- READJUSTMENT COUNSELING SERV-
the following: ICE OF DEPARTMENT OF VETERANS
‘‘(1) An agreement by the Secretary to pro- chapter to or on behalf of the participant;
AFFAIRS.
vide the participant with a scholarship under and
‘‘(ii) the interest on such amounts which (a) IN GENERAL.—Not later than one year
the Program for a specified number of school after the date of the enactment of this Act,
years during which the participant pursues a would be payable if at the time the amounts
were paid they were loans bearing interest at the Comptroller General of the United States
program of study described in subsection shall submit to the Committee on Veterans’
(a)(1) that meets the requirements set forth the maximum legal prevailing rate, as deter-
mined by the Treasurer of the United States. Affairs of the Senate and the Committee on
in section 7602(a) of this title. Veterans’ Affairs of the House of Representa-
‘‘(2) An agreement by the participant to ‘‘(C) ‘t’ is the total number of months in
the period of obligated service of the partici- tives a report on the Readjustment Coun-
serve as a full-time employee of the Depart- seling Service of the Department of Veterans
ment at a Vet Center for a six-year period pant.
‘‘(D) ‘s’ is the number of months of such pe- Affairs.
following the completion by the participant (b) ELEMENTS.—The report required by sub-
of such program of study (in this subchapter riod served by the participant.
‘‘(d) LIMITATION ON LIABILITY FOR REDUC- section (a) shall include the following:
referred to as the ‘period of obligated serv- (1) An assessment of the adequacy and
TIONS-IN-FORCE.—Liability shall not arise
ice’). types of treatment, counseling, and other
‘‘(d) VET CENTER DEFINED.—In this section, under subsection (c) if the participant fails
to maintain employment as a Department services provided at Vet Centers, including
the term ‘Vet Center’ has the meaning given recommendations on whether and how such
that term in section 1712A(h) of this title. employee due to a staffing adjustment.
‘‘(e) PERIOD FOR PAYMENT OF DAMAGES.— treatment, counseling, and other services
‘‘§ 7699A. Obligated service Any amount of damages that the United can be expanded.
‘‘(a) IN GENERAL.—Each participant in the States is entitled to recover under this sec- (2) An assessment of the efficacy of out-
Program shall provide service as a full-time tion shall be paid to the United States with- reach efforts by the Readjustment Coun-
employee of the Department at a Vet Center in the one-year period beginning on the date seling Service, including recommendations
(as defined in section 7699(d) of this title) for of the breach of the agreement.’’. for how outreach efforts can be improved.
the period of obligated service set forth in (b) CONFORMING AND TECHNICAL AMEND- (3) An assessment of barriers to care at Vet
the agreement of the participant entered MENTS.— Centers, including recommendations for
into under section 7604 of this title. (1) CONFORMING AMENDMENTS.— overcoming those barriers.
‘‘(b) DETERMINATION OF SERVICE COMMENCE- (A) ESTABLISHMENT OF PROGRAM.—Section (4) An assessment of the efficacy and fre-
MENT DATE.—(1) Not later than 60 days be- 7601(a) of such title is amended— quency of the use of telehealth by counselors
SSpencer on DSK126QN23PROD with SENATE
fore the service commencement date of a (i) in paragraph (5), by striking ‘‘and’’; of the Readjustment Counseling Service to
participant, the Secretary shall notify the (ii) in paragraph (6), by striking the period provide mental health services, including
participant of that service commencement and inserting ‘‘; and’’; and recommendations for how the use of tele-
date. (iii) by adding at the end the following new health can be improved.
‘‘(2) The date specified in paragraph (1) paragraph: (5) An assessment of the feasibility and ad-
with respect to a participant is the date for ‘‘(7) the readjustment counseling service visability of expanding eligibility for serv-
the beginning of the period of obligated serv- scholarship program provided for in sub- ices from the Readjustment Counseling Serv-
ice of the participant. chapter IX of this chapter.’’. ice, including—
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4973
(A) recommendations on what eligibility the Secretary shall brief the Committee on health providers within each medical center
criteria could be expanded; and Veterans’ Affairs of the Senate and the Com- of the Department.
(B) an assessment of potential costs and in- mittee on Veterans’ Affairs of the House of (3) A description of the duties and respon-
creased infrastructure requirements if eligi- Representatives on the— sibilities for suicide prevention coordinators
bility is expanded. (A) feasibility and advisability of offering across the Department to better define, de-
(6) An assessment of the use of Vet Centers appointments outside the usual operating lineate, and standardize qualifications, per-
by members of the reserve components of the hours of facilities of the Department that do formance goals, performance duties, and per-
Armed Forces who were never activated and not offer such appointments; and formance outcomes for suicide prevention
recommendations on how to better reach (B) effectiveness of offering appointments coordinators and suicide prevention case
those members. outside the usual operating hours of facili- managers.
(7) An assessment of the use of Vet Centers ties of the Department for those facilities SEC. 507. REPORT ON EFFORTS BY DEPARTMENT
by eligible family members of former mem- that offer such appointments. OF VETERANS AFFAIRS TO IMPLE-
bers of the Armed Forces and recommenda- (2) ELEMENTS.—The briefing required by MENT SAFETY PLANNING IN EMER-
tions on how to better reach those family paragraph (1) shall include the following: GENCY DEPARTMENTS.
members. (A) The findings of the survey conducted (a) FINDINGS.—Congress makes the fol-
(8) An assessment of the efficacy of group under subsection (a); lowing findings:
therapy and the level of training of providers (B) Feedback from employees of the Vet- (1) The Department of Veterans Affairs
at Vet Centers in administering group ther- erans Health Administration, including clin- must be more effective in its approach to re-
apy. ical, nonclinical, and support staff, with re- ducing the burden of veteran suicide con-
(9) An assessment of the efficiency and ef- spect to offering appointments outside the nected to mental health diagnoses, to in-
fectiveness of the task organization struc- usual operating hours of facilities of the De- clude expansion of treatment delivered via
ture of Vet Centers. partment, including through the use of tele- telehealth methods and in rural areas.
(10) An assessment of the use of Vet Cen- health appointments; and (2) An innovative project, known as Sui-
ters by Native American veterans, as defined (C) Any other matters the Secretary con- cide Assessment and Follow-up Engagement:
in section 3765 of title 38, United States siders relevant to a full understanding of the Veteran Emergency Treatment (in this sub-
Code, and recommendations on how to better feasibility and advisability of offering ap- section referred to as ‘‘SAFE VET’’), was de-
reach those veterans. pointments outside the usual operating signed to help suicidal veterans seen at
(c) VET CENTER DEFINED.—In this section, hours of facilities of the Department. emergency departments within the Veterans
the term ‘‘Vet Center’’ has the meaning (c) PAPERWORK REDUCTION ACT EXEMP- Health Administration and was successfully
given that term in section 1712A(h) of title TION.—Chapter 35 of title 44, United States implemented in five intervention sites begin-
38, United States Code. Code (commonly known as the ‘‘Paperwork ning in 2010.
SEC. 504. EXPANSION OF REPORTING REQUIRE- Reduction Act’’) shall not apply to any rule- (3) A 2018 study found that safety planning
MENTS ON READJUSTMENT COUN- making or information collection required intervention under SAFE VET was associ-
SELING SERVICE OF DEPARTMENT under this section. ated with 45 percent fewer suicidal behaviors
OF VETERANS AFFAIRS.
SEC. 506. SUICIDE PREVENTION COORDINATORS. in the six-month period following emergency
(a) EXPANSION OF ANNUAL REPORT.—Para-
(a) STAFFING REQUIREMENT.—Beginning not department care and more than double the
graph (2)(C) of section 7309(e) of title 38,
later than one year after the date of the en- odds of a veteran engaging in outpatient be-
United States Code, is amended by inserting
actment of this Act, the Secretary of Vet- havioral health care.
before the period at the end the following: ‘‘,
erans Affairs shall ensure that each medical (4) SAFE VET is a promising alternative
including the resources required to meet
center of the Department of Veterans Affairs and acceptable delivery of care system that
such unmet need, such as additional staff,
has not less than one suicide prevention co- augments the treatment of suicidal veterans
additional locations, additional infrastruc-
ordinator. in emergency departments of the Veterans
ture, infrastructure improvements, and addi-
(b) STUDY ON REORGANIZATION.— Health Administration and helps ensure that
tional mobile Vet Centers’’.
(1) IN GENERAL.—Not later than one year those veterans have appropriate follow-up
(b) BIENNIAL REPORT.—Such section is
after the date of the enactment of this Act, care.
amended by adding at the end the following
the Secretary, in consultation with the Of- (5) Beginning in September 2018, the Vet-
new paragraph:
‘‘(3) For each even numbered year in which fice of Mental Health and Suicide Prevention erans Health Administration implemented a
the report required by paragraph (1) is sub- of the Department, shall commence the con- suicide prevention program, known as the
mitted, the Secretary shall include in such duct of a study to determine the feasibility SPED program, for veterans presenting to
report a prediction of— and advisability of— the emergency department who are assessed
‘‘(A) trends in demand for care; (A) the realignment and reorganization of to be at risk for suicide and are safe to be
‘‘(B) long-term investments required with suicide prevention coordinators within the discharged home.
respect to the provision of care; Office of Mental Health and Suicide Preven- (6) The SPED program includes issuance
‘‘(C) requirements relating to maintenance tion; and and update of a safety plan and post-dis-
of infrastructure; and (B) the creation of a suicide prevention co- charge follow-up outreach for veterans to fa-
‘‘(D) other capital investment require- ordinator program office. cilitate engagement in outpatient mental
ments with respect to the Readjustment (2) PROGRAM OFFICE REALIGNMENT.—In con- health care.
Counseling Service, including Vet Centers, ducting the study under paragraph (1), the (b) REPORT.—
mobile Vet Centers, and community access Secretary shall assess the feasibility of ad- (1) IN GENERAL.—Not later than 180 days
points.’’. visability of, within the suicide prevention after the date of the enactment of this Act,
SEC. 505. BRIEFING ON ALTERNATIVE WORK coordinator program office described in para- the Secretary of Veterans Affairs shall sub-
SCHEDULES FOR EMPLOYEES OF graph (1)(B), aligning suicide prevention co- mit to the appropriate committees of Con-
VETERANS HEALTH ADMINISTRA- ordinators and suicide prevention case man- gress a report on the efforts of the Secretary
TION. agers within the organizational structure to implement a suicide prevention program
(a) SURVEY OF VETERANS.— and chart of the Suicide Prevention Program for veterans presenting to an emergency de-
(1) IN GENERAL.—Not later than 180 days of the Department, with the Director of the partment or urgent care center of the Vet-
after the date of the enactment of this Act, Suicide Prevention program having ultimate erans Health Administration who are as-
the Secretary of Veterans Affairs shall con- supervisory oversight and responsibility over sessed to be at risk for suicide and are safe
duct a survey on the attitudes of eligible vet- the suicide prevention coordinator program to be discharged home, including a safety
erans toward the Department of Veterans Af- office. plan and post-discharge outreach for vet-
fairs offering appointments outside the usual (c) REPORT.—Not later than 90 days after erans to facilitate engagement in outpatient
operating hours of facilities of the Depart- the completion of the study under subsection mental health care.
ment, including through the use of tele- (b), the Secretary shall submit to the Com- (2) ELEMENTS.—The report required by
health appointments. mittee on Veterans’ Affairs of the Senate paragraph (1) shall include the following:
(2) ELIGIBLE VETERAN DEFINED.—In this and the Committee on Veterans’ Affairs of (A) An assessment of the implementation
subsection, the term ‘‘eligible veteran’’ the House of Representatives a report on of the current operational policies and proce-
means a veteran who— such study, including the following: dures of the SPED program at each medical
(A) is enrolled in the patient enrollment (1) An assessment of the feasibility and ad- center of the Department of Veterans Af-
system of the Department under section visability of creating a suicide prevention fairs, including an assessment of the fol-
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1705(a) of title 38, United States Code; and coordinator program office to oversee and lowing:
(B) received health care from the Depart- monitor suicide prevention coordinators and (i) Training provided to clinicians or other
ment at least once during the two-year pe- suicide prevention case managers across all personnel administering protocols under the
riod ending on the date of the commence- medical centers of the Department. SPED program.
ment of the survey under paragraph (1). (2) A review of current staffing ratios for (ii) Any disparities in implementation of
(b) CONGRESSIONAL BRIEFING.— suicide prevention coordinators and suicide such protocols between medical centers.
(1) IN GENERAL.—Not later than 270 days prevention case managers in comparison (iii) Current criteria used to measure the
after the date of the enactment of this Act, with current staffing ratios for mental quality of such protocols including—
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S4974 CONGRESSIONAL RECORD — SENATE August 5, 2020
(I) methodology used to assess the quality (A) the Committee on Veterans’ Affairs TITLE VII—OTHER MATTERS
of a safety plan and post-discharge outreach and the Subcommittee on Military Construc- SEC. 701. EXPANDED TELEHEALTH FROM DE-
for veterans; or tion, Veterans Affairs, and Related Agencies PARTMENT OF VETERANS AFFAIRS.
(II) in the absence of such methodology, a of the Committee on Appropriations of the (a) IN GENERAL.—The Secretary of Vet-
proposed timeline and guidelines for creating Senate; and erans Affairs shall enter into agreements,
a methodology to ensure compliance with (B) the Committee on Veterans’ Affairs and expand existing agreements, with orga-
the evidence-based model used under the and the Subcommittee on Military Construc- nizations that represent or serve veterans,
Suicide Assessment and Follow-up Engage- tion, Veterans Affairs, and Related Agencies nonprofit organizations, private businesses,
ment: Veteran Emergency Treatment (SAFE of the Committee on Appropriations of the and other interested parties for the expan-
VET) program of the Department. House of Representatives. sion of telehealth capabilities and the provi-
(B) An assessment of the implementation (2) SPED PRIMARY COORDINATOR.—The term sion of telehealth services to veterans
of the policies and procedures described in ‘‘SPED primary coordinator’’ means the through the award of grants under sub-
subparagraph (A), including the following: main point of contact responsible for admin- section (b).
(i) An assessment of the quality and quan- istering the SPED program at a medical cen- (b) AWARD OF GRANTS.—
tity of safety plans issued to veterans. ter of the Department. (1) IN GENERAL.—In carrying out agree-
(ii) An assessment of the quality and quan- (3) SPED PROGRAM.—The term ‘‘SPED pro- ments entered into or expanded under this
tity of post-discharge outreach provided to gram’’ means the Safety Planning in Emer- section with entities described in subsection
veterans. gency Departments program of the Depart- (a), the Secretary shall award grants to
(iii) The post-discharge rate of veteran en- ment of Veterans Affairs established in Sep- those entities.
gagement in outpatient mental health care, tember 2018 for veterans presenting to the (2) LOCATIONS.—To the extent practicable,
including attendance at not fewer than one emergency department who are assessed to the Secretary shall ensure that grants are
individual mental health clinic appointment be at risk for suicide and are safe to be dis- awarded to entities that serve veterans in
or admission to an inpatient or residential charged home, which extends the evidence- rural and highly rural areas (as determined
unit. based intervention for suicide prevention to through the use of the Rural-Urban Com-
(iv) The number of veterans who decline all emergency departments of the Veterans muting Areas coding system of the Depart-
safety planning efforts during protocols Health Administration. ment of Agriculture) or areas determined to
under the SPED program. TITLE VI—IMPROVEMENT OF CARE AND be medically underserved.
(v) The number of veterans who decline to SERVICES FOR WOMEN VETERANS (3) USE OF GRANTS.—
participate in follow-up efforts within the (A) IN GENERAL.—Grants awarded to an en-
SPED program. SEC. 601. EXPANSION OF CAPABILITIES OF
WOMEN VETERANS CALL CENTER TO
tity under this subsection may be used for
(C) A description of how SPED primary co- one or more of the following:
INCLUDE TEXT MESSAGING.
ordinators are deployed to support such ef- (i) Purchasing, replacing or upgrading
forts, including the following: The Secretary of Veterans Affairs shall ex-
hardware or software necessary for the pro-
(i) A description of the duties and respon- pand the capabilities of the Women Veterans
vision of secure and private telehealth serv-
sibilities of such coordinators. Call Center of the Department of Veterans
ices.
(ii) The number and location of such coor- Affairs to include a text messaging capa-
(ii) Upgrading security protocols for con-
dinators. bility.
sistency with the security requirements of
(iii) A description of training provided to SEC. 602. REQUIREMENT FOR DEPARTMENT OF the Department of Veterans Affairs.
such coordinators. VETERANS AFFAIRS INTERNET
(iii) Training of site attendants, including
(iv) An assessment of the other responsibil- WEBSITE TO PROVIDE INFORMA-
TION ON SERVICES AVAILABLE TO payment of those attendants for completing
ities for such coordinators and, if applicable, that training, with respect to—
WOMEN VETERANS.
differences in patient outcomes when such (I) military and veteran cultural com-
responsibilities are full-time duties as op- (a) IN GENERAL.—The Secretary of Vet-
petence, if the entity is not an organization
posed to secondary duties. erans Affairs shall survey the internet
that represents veterans;
(D) An assessment of the feasibility and websites and information resources of the
(II) equipment required to provide tele-
advisability of expanding the total number Department of Veterans Affairs in effect on
health services;
and geographic distribution of SPED pri- the day before the date of the enactment of
(III) privacy, including the Health Insur-
mary coordinators. this Act and publish an internet website that
ance Portability and Accountability Act of
(E) An assessment of the feasibility and ad- serves as a centralized source for the provi-
1996 privacy rule under part 160 and subparts
visability of providing services under the sion to women veterans of information about
A and E of part 164 of title 45, Code of Fed-
SPED program via telehealth channels, in- the benefits and services available to them
eral Regulations, or successor regulations, as
cluding an analysis of opportunities to lever- under laws administered by the Secretary.
it relates to health care for veterans;
age telehealth to better serve veterans in (b) ELEMENTS.—The internet website pub- (IV) scheduling for telehealth services for
rural areas. lished under subsection (a) shall provide to veterans; or
(F) A description of the status of current women veterans information regarding all (V) any other unique training needs for the
capabilities and utilization of tracking services available in the district in which provision of telehealth services to veterans.
mechanisms to monitor compliance, quality, the veteran is seeking such services, includ- (iv) Upgrading existing infrastructure
and patient outcomes under the SPED pro- ing, with respect to each medical center and owned or leased by the entity to make rooms
gram. community-based outpatient clinic in the more conducive to telehealth care, includ-
(G) Such recommendations, including spe- applicable Veterans Integrated Service Net- ing—
cific action items, as the Secretary considers work— (I) additions or modifications to windows
appropriate with respect to how the Depart- (1) the name and contact information of or walls in an existing room, or other alter-
ment can better implement the SPED pro- each women’s health coordinator; ations as needed to create a new, private
gram, including recommendations with re- (2) a list of appropriate staff for other ben- room, including permits or inspections re-
spect to the following: efits available from the Veterans Benefits quired in association with space modifica-
(i) A process to standardize training under Administration, the National Cemetery Ad- tions;
such program. ministration, and such other entities as the (II) soundproofing of an existing room;
(ii) Any resourcing requirements necessary Secretary considers appropriate; and (III) new electrical, telephone, or internet
to implement the SPED program throughout (3) such other information as the Secretary outlets in an existing room; or
Veterans Health Administration, including considers appropriate. (IV) aesthetic enhancements to establish a
by having a dedicated clinician responsible (c) UPDATED INFORMATION.—The Secretary more suitable therapeutic environment.
for administration of such program at each shall ensure that the information described (v) Upgrading existing infrastructure to
medical center. in subsection (b) that is published on the comply with the Americans with Disabilities
(iii) An analysis of current statutory au- internet website required by subsection (a) is Act of 1990 (42 U.S.C. 12101 et seq.).
thority and any changes necessary to fully updated not less frequently than once every (vi) Upgrading internet infrastructure and
implement the SPED program throughout 90 days. sustainment of internet services.
the Veterans Health Administration. (d) OUTREACH.—In carrying out this sec- (vii) Sustainment of telephone services.
(iv) A timeline for the implementation of tion, the Secretary shall ensure that the out- (B) EXCLUSION.—Grants may not be used
the SPED program through the Veterans reach conducted under section 1720F(i) of for the purchase of new property or for major
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Health Administration once full resourcing title 38, United States Code, includes infor- construction projects, as determined by the
and an approved training plan are in place. mation regarding the internet website re- Secretary.
(H) Such other matters as the Secretary quired by subsection (a). (c) AGREEMENT ON TELEHEALTH ACCESS
considers appropriate. (e) DERIVATION OF FUNDS.—Amounts used POINTS.—
(c) DEFINITIONS.—In this section: by the Secretary to carry out this section (1) IN GENERAL.—An entity described in
(1) APPROPRIATE COMMITTEES OF CON- shall be derived from amounts made avail- subsection (a) that seeks to establish a tele-
GRESS.—The term ‘‘appropriate committees able to the Secretary to publish internet health access point for veterans but does not
of Congress’’ means— websites of the Department. require grant funding under this section to
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4975
do so may enter into an agreement with the (c) SYSTEMATIC REVIEW OF USE OF (1) IN GENERAL.—Not later than 180 days
Department for the establishment of such an HYPERBARIC OXYGEN THERAPY TO TREAT CER- after the date of the enactment of this Act,
access point. TAIN CONDITIONS.— the Secretary of Veterans Affairs shall pre-
(2) ADEQUACY OF FACILITIES.—An entity de- (1) IN GENERAL.—Not later than 90 days scribe the technical qualifications required
scribed in paragraph (1) shall be responsible after the date of the enactment of this Act, under section 7402(b)(14) of title 38, United
for ensuring that any access point is ade- the Secretary, in consultation with the Cen- States Code, to be appointed as a licensed
quately private, secure, clean, and accessible ter for Compassionate Innovation, shall com- hearing aid specialist under section 7401(3) of
for veterans before the access point is estab- mence the conduct of a systematic review of such title.
lished. published research literature on off-label use (2) ELEMENTS FOR QUALIFICATIONS.—In pre-
(d) ASSESSMENT OF BARRIERS TO ACCESS.— of hyperbaric oxygen therapy to treat post- scribing the qualifications for licensed hear-
(1) IN GENERAL.—Not later than 18 months traumatic stress disorder and traumatic ing aid specialists under paragraph (1), the
after the date of the enactment of this Act, brain injury among veterans and non- Secretary shall, at a minimum, ensure that
the Secretary shall complete an assessment veterans. such qualifications are consistent with—
of barriers faced by veterans in accessing (2) ELEMENTS.—The review conducted (A) the standards for licensure of hearing
telehealth services. under paragraph (1) shall include the fol- aid specialists that are required by a major-
(2) ELEMENTS.—The assessment required by lowing: ity of States;
paragraph (1) shall include the following: (A) An assessment of the current param- (B) any competencies needed to perform
(A) A description of the barriers veterans eters for research on the use by the Depart- tasks and services commonly performed by
face in using telehealth while not on prop- ment of Veterans Affairs of hyperbaric oxy- hearing aid specialists pursuant to such
erty of the Department. gen therapy, including— standards; and
(B) A description of how the Department (i) tests and questionnaires used to deter- (C) any competencies needed to perform
plans to address the barriers described in mine the efficacy of such therapy; and tasks specific to providing care to individ-
subparagraph (A). (ii) metrics for determining the success of uals under the laws administered by the Sec-
(C) Such other matters related to access by such therapy. retary.
veterans to telehealth while not on property (B) A comparative analysis of tests and (b) AUTHORITY TO SET AND MAINTAIN DU-
of the Department as the Secretary con- questionnaires used to study post-traumatic TIES.—The Secretary shall retain the author-
siders relevant. stress disorder and traumatic brain injury in ity to set and maintain the duties for li-
(3) REPORT.—Not later than 120 days after other research conducted by the Department censed hearing aid specialists appointed
the completion of the assessment required by of Veterans Affairs, other Federal agencies, under section 7401(3) of title 38, United
paragraph (1), the Secretary shall submit to and entities outside the Federal Govern- States Code, for the purposes of the employ-
the Committee on Veterans’ Affairs of the ment. ment of such specialists with the Depart-
Senate and the Committee on Veterans’ Af- (3) COMPLETION OF REVIEW.—The review ment of Veterans Affairs.
fairs of the House of Representatives a re- conducted under paragraph (1) shall be com-
port on the assessment, including any rec- (c) APPOINTMENT.—Not later than Sep-
pleted not later than 180 days after the date tember 30, 2022, the Secretary shall appoint
ommendations for legislative or administra- of the commencement of the review.
tive action based on the results of the assess- not fewer than one licensed hearing aid spe-
(4) REPORT.—Not later than 90 days after cialist at each medical center of the Depart-
ment. the completion of the review conducted
SEC. 702. PARTNERSHIPS WITH NON-FEDERAL ment.
under paragraph (1), the Secretary shall sub- (d) REPORT.—Not later than September 30,
GOVERNMENT ENTITIES TO PRO-
mit to the Committee on Veterans’ Affairs of 2022, and annually thereafter, the Secretary
VIDE HYPERBARIC OXYGEN THER-
APY TO VETERANS AND STUDIES ON the Senate and the Committee on Veterans’ shall submit to the Committee on Veterans’
THE USE OF SUCH THERAPY FOR Affairs of the House of Representatives a re- Affairs of the Senate and the Committee on
TREATMENT OF POST-TRAUMATIC port on the results of the review. Veterans’ Affairs of the House of Representa-
STRESS DISORDER AND TRAUMATIC (d) FOLLOW-UP STUDY.—
BRAIN INJURY.
tives a report—
(1) IN GENERAL.—Not later than 120 days
(1) assessing the progress of the Secretary
(a) PARTNERSHIPS TO PROVIDE HYPERBARIC after the completion of the review conducted
OXYGEN THERAPY TO VETERANS.— in appointing licensed hearing aid specialists
under subsection (c), the Secretary, in con-
(1) USE OF PARTNERSHIPS.—The Secretary under subsection (c);
sultation with the Center for Compassionate
of Veterans Affairs, in consultation with the (2) assessing potential conflicts or obsta-
Innovation, shall commence the conduct of a
Center for Compassionate Innovation within cles that prevent the appointment of li-
study on all individuals receiving hyperbaric
the Office of Community Engagement of the censed hearing aid specialists;
oxygen therapy through the current pilot
Department of Veterans Affairs, may enter (3) assessing the factors that led to such
program of the Department for the provision
into partnerships with non-Federal Govern- conflicts or obstacles;
of hyperbaric oxygen therapy to veterans to
ment entities to provide hyperbaric oxygen (4) assessing access of patients to com-
determine the efficacy and effectiveness of
treatment to veterans to research the effec- prehensive hearing health care services from
hyperbaric oxygen therapy for the treatment
tiveness of such therapy. the Department consistent with the require-
of post-traumatic stress disorder and trau-
(2) TYPES OF PARTNERSHIPS.—Partnerships ments under section 4(b) of the Veterans Mo-
matic brain injury.
entered into under paragraph (1) may include bility Safety Act of 2016 (Public Law 114–256;
(2) ELEMENTS.—The study conducted under
the following: 38 U.S.C. 7401 note), including an assessment
paragraph (1) shall include the review and
(A) Partnerships to conduct research on of the impact of infrastructure and equip-
publication of any data and conclusions re-
hyperbaric oxygen therapy. ment limitations on wait times for
sulting from research conducted by an au-
(B) Partnerships to review research on audiologic care; and
thorized provider of hyperbaric oxygen ther-
hyperbaric oxygen therapy provided to non- (5) indicating the medical centers of the
apy for veterans through the pilot program
veterans. Department with vacancies for audiologists
described in such paragraph.
(C) Partnerships to create industry work- or licensed hearing aid specialists.
(3) COMPLETION OF STUDY.—The study con-
ing groups to determine standards for re- ducted under paragraph (1) shall be com- SEC. 704. USE BY DEPARTMENT OF VETERANS AF-
FAIRS OF COMMERCIAL INSTITU-
search on hyperbaric oxygen therapy. pleted not later than three years after the TIONAL REVIEW BOARDS IN SPON-
(D) Partnerships to provide to veterans date of the commencement of the study. SORED RESEARCH TRIALS.
hyperbaric oxygen therapy for the purposes (4) REPORT.—
(a) IN GENERAL.—Not later than 90 days
of conducting research on the effectiveness (A) IN GENERAL.—Not later than 90 days
after the date of the enactment of this Act,
of such therapy. after completing the study conducted under
the Secretary of Veterans Affairs shall com-
(3) LIMITATION ON FEDERAL FUNDING.—Fed- paragraph (1), the Secretary shall submit to
eral Government funding may be used to co- plete all necessary policy revisions within
the Committee on Veterans’ Affairs of the
ordinate and administer the partnerships the directive of the Veterans Health Admin-
Senate and the Committee on Veterans’ Af-
under this subsection but may not be used to istration numbered 1200.05 and titled ‘‘Re-
fairs of the House of Representatives a re-
carry out activities conducted under such quirements for the Protection of Human
port on the results of the study.
partnerships. Subjects in Research’’, to allow sponsored
(B) ELEMENTS.—The report required under
(b) REVIEW OF EFFECTIVENESS OF clinical research of the Department of Vet-
subparagraph (A) shall include the rec-
HYPERBARIC OXYGEN THERAPY.—Not later erans Affairs to use accredited commercial
ommendation of the Secretary with respect
than 90 days after the date of the enactment institutional review boards to review re-
to whether or not hyperbaric oxygen therapy
search proposal protocols of the Department.
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of this Act, the Secretary, in consultation should be made available to all veterans
with the Center for Compassionate Innova- (b) IDENTIFICATION OF REVIEW BOARDS.—
with traumatic brain injury or post-trau-
tion, shall begin using an objective and Not later than 90 days after the completion
matic stress disorder.
quantifiable method to review the effective- of the policy revisions under subsection (a),
SEC. 703. PRESCRIPTION OF TECHNICAL QUALI-
ness and applicability of hyperbaric oxygen FICATIONS FOR LICENSED HEARING the Secretary shall—
therapy, such as through the use of a device AID SPECIALISTS AND REQUIRE- (1) identify accredited commercial institu-
approved or cleared by the Food and Drug MENT FOR APPOINTMENT OF SUCH tional review boards for use in connection
Administration that assesses traumatic SPECIALISTS. with sponsored clinical research of the De-
brain injury by tracking eye movement. (a) TECHNICAL QUALIFICATIONS.— partment; and
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S4976 CONGRESSIONAL RECORD — SENATE August 5, 2020
(2) establish a process to modify existing COMMITTEE ON BANKING, HOUSING, AND URBAN NATIONAL DEFENSE AUTHORIZA-
approvals in the event that a commercial in- AFFAIRS TION ACT FOR FISCAL YEAR 2021
stitutional review board loses its accredita- The Committee on Banking, Housing,
tion during an ongoing clinical trial. (On July 23, 2020, the Senate passed
(c) REPORT.—
and Urban Affairs is authorized to S. 4049, as follows:)
(1) IN GENERAL.—Not later than 90 days meet during the session of the Senate S. 4049
after the completion of the policy revisions on Wednesday, August 5, 2020, at 2 p.m.
Be it enacted by the Senate and House of Rep-
under subsection (a), and annually there- to meet in Executive Session to vote resentatives of the United States of America in
after, the Secretary shall submit to the Com- on the following nominations: The Congress assembled,
mittee on Veterans’ Affairs of the Senate Honorable Hester Peirce, of Ohio, to be SECTION 1. SHORT TITLE.
and the Committee on Veterans’ Affairs of a member of the Securities and Ex- This Act may be cited as the ‘‘National De-
the House of Representatives a report on all change Commission; Mrs. Caroline fense Authorization Act for Fiscal Year
approvals of institutional review boards used
by the Department, including central insti-
Crenshaw, of the District of Columbia, 2021’’.
tutional review boards and commercial insti- to be a member of the Securities and SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
Exchange Commission; and Mr. Kyle TABLE OF CONTENTS.
tutional review boards.
(2) ELEMENTS.—The report required by Hauptman, of Maine, to be a member of (a) DIVISIONS.—This Act is organized into
paragraph (1) shall include, at a minimum, the National Credit Union Administra- six divisions as follows:
the following: (1) Division A—Department of Defense Au-
tion Board.
(A) The name of each clinical trial with re- thorizations.
COMMITTEE ON COMMERCE, SCIENCE, AND (2) Division B—Military Construction Au-
spect to which the use of an institutional re-
TRANSPORTATION thorizations.
view board has been approved.
(B) The institutional review board or insti- The Committee on Commerce, (3) Division C—Department of Energy Na-
tutional review boards used in the approval Science, and Transportation is author- tional Security Authorizations and Other
process for each clinical trial. Authorizations.
ized to meet during the session of the
(C) The amount of time between submis- (4) Division D—Funding Tables.
Senate on Wednesday, August 5, 2020, (5) Division E—Additional Provisions.
sion and approval. at 10 a.m. the committee will hold a (6) Division F—Intelligence Authorization
SEC. 705. CREATION OF OFFICE OF RESEARCH
REVIEWS WITHIN THE OFFICE OF IN-
full committee hearing titled ‘‘Over- Act for Fiscal Year 2021.
FORMATION AND TECHNOLOGY OF sight of the Federal Trade Commis- (b) TABLE OF CONTENTS.—The table of con-
THE DEPARTMENT OF VETERANS sion.’’ tents for this Act is as follows:
AFFAIRS. Sec. 1. Short title.
COMMITTEE ON ENERGY AND NATURAL
(a) IN GENERAL.—Not later than one year RESOURCES Sec. 2. Organization of Act into divisions;
after the date of the enactment of this Act, table of contents.
the Secretary of Veterans Affairs shall es- The Senate Committee on Energy Sec. 3. Congressional defense committees.
tablish within the Office of Information and and Natural Resources is authorized to Sec. 4. Budgetary effects of this Act.
Technology of the Department of Veterans meet during the session of the Senate DIVISION A—DEPARTMENT OF DEFENSE
Affairs an Office of Research Reviews (in this in order to hold a hearing on Wednes- AUTHORIZATIONS
section referred to as the ‘‘Office’’). day, August 5, 2020, at 10 a.m. The pur-
(b) ELEMENTS.—The Office shall do the fol- TITLE I—PROCUREMENT
pose of the hearing is to examine Fed- Subtitle A—Authorization of Appropriations
lowing:
(1) Perform centralized security reviews
eral and industry efforts to improve Sec. 101. Authorization of appropriations.
and complete security processes for approved cyber security for the energy sector,
Subtitle B—Army Programs
research sponsored outside the Department, including how to improve collaboration
on various cyber security and critical Sec. 111. Integrated air and missile defense
with a focus on multi-site clinical trials.
assessment.
(2) Develop and maintain a list of commer- infrastructure protection initiatives. Sec. 112. Report and limitation on Inte-
cially available software preferred for use in
COMMITTEE ON ENVIRONMENT AND PUBLIC grated Visual Augmentation
sponsored clinical trials of the Department
WORKS System acquisition.
and ensure such list is maintained as part of
The Committee on Environment and Sec. 113. Modifications to requirement for
the official approved software products list
an interim cruise missile de-
of the Department. Public Works is authorized to meet
fense capability.
(3) Develop benchmarks for appropriate during the session of the Senate on
timelines for security reviews conducted by Subtitle C—Navy Programs
Wednesday, August 5, 2020, at 10 a.m. to
the Office. conduct a hearing entitled ‘‘Hearing to Sec. 121. Contract authority for Columbia-
(c) REPORT.— class submarine program.
Examine a Discussion Draft Bill, S
(1) IN GENERAL.—Not later than one year Sec. 122. Limitation on Navy medium and
after the establishment of the Office, the Of- ll, American Nuclear Infrastructure large unmanned surface vessels.
fice shall submit to the Committee on Vet- Act of 2020.’’ Sec. 123. Extension of prohibition on avail-
erans’ Affairs of the Senate and the Com- COMMITTEE ON FOREIGN RELATIONS ability of funds for Navy water-
mittee on Veterans’ Affairs of the House of borne security barriers.
The Committee on Foreign Relations
Representatives a report on the activity of Sec. 124. Procurement authorities for cer-
the Office. is authorized to meet during the ses- tain amphibious shipbuilding
(2) ELEMENTS.—The report required by sion of the Senate on Wednesday, Au- programs.
paragraph (1) shall include, at a minimum, gust 5, 2020, at 9 a.m. to hold a full Sec. 125. Fighter force structure acquisition
the following: committee hearing on nominations. strategy.
(A) The number of security reviews com- The Committee on Foreign Relations Sec. 126. Treatment of systems added by
pleted. is authorized to meet during the ses- Congress in future President’s
(B) The number of personnel assigned for budget requests.
sion of the Senate on Wednesday, Au-
performing the functions described in sub- Sec. 127. Report on carrier wing composi-
section (b). gust 5, 2020, at 11:15 a.m. to hold a full tion.
committee hearing on nominations. Sec. 128. Report on strategy to use ALQ–249
f COMMITTEE ON THE JUDICIARY Next Generation Jammer to en-
sure full spectrum electro-
The Committee on the Judiciary is
magnetic superiority.
AUTHORITY FOR COMMITTEES TO authorized to meet during the session
Subtitle D—Air Force Programs
MEET of the Senate on Wednesday, August 5,
2020, at 10 a.m. to conduct a hearing en- Sec. 141. Economic order quantity con-
Mr. LANKFORD. Mr. President, I tracting authority for F–35
have 8 requests for committees to meet titled ‘‘Oversight of the Crossfire Hur-
joint strike fighter program.
during today’s session of the Senate. ricane Investigation: Day 2.’’ Sec. 142. Minimum aircraft levels for major
SSpencer on DSK126QN23PROD with SENATE
They have the approval of the majority COMMITTEE ON VETERANS’ AFFAIRS mission areas.
and Minority Leaders. The Committee on Veterans’ Affairs Sec. 143. Minimum operational squadron
level.
Pursuant to rule XXVI, paragraph is authorized to meet during the ses-
Sec. 144. Minimum Air Force bomber air-
5(a), of the Standing Rules of the Sen- sion of the Senate on Wednesday, Au- craft level.
ate, the following committees are au- gust 5, 2020, at 3 p.m. to conduct a busi- Sec. 145. F–35 gun system.
thorized to meet during today’s session ness meeting to consider legislation Sec. 146. Prohibition on funding for Close
of the Senate. pending before the committee. Air Support Integration Group.
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