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Home Source documents Text of Amendments — Congressional Record, Senate, August 6, 2020, page S5299

Text of Amendments — Congressional Record, Senate, August 6, 2020, page S5299

Summary

Page S5299 of the Senate section of the Congressional Record for August 6, 2020, under the heading Text of Amendments. It continues amendment text that sets up a Commission: not fewer than 8 appointed members must be current or former Olympic or Paralympic athletes, 11 members make a quorum, proxy voting is prohibited, the Commission may subpoena individuals, and the Commission terminates 90 days after the date on which the Commission submits the report. Other sections print an exemption from the automatic stay in bankruptcy cases (Section 9), enhanced child abuse reporting (Section 10) and severability (Section 12). The page also prints a resolution on awareness of charities that benefit children and youth-serving organizations.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Text of Amendments — Congressional Record, Senate, August 6, 2020, page S5299.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5299-76968d0d23/, SHA-256 1aec35626ca5288ba8ba355cba6c9118435fba4d4b8f483be22ecc8cfe686643.

Full text

                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5299
                                               of testing of the internal controls and the re-           (i) Experience in 1 or more of the following:        the Commission shall submit to Congress a
                                               sults of such testing; and                                (I) Amateur, Olympic and Paralympic, or              report on the results of the study conducted
                                                 ‘‘(C) a compliance assessment that in-                professional athletics.                                under paragraph (1), including a detailed
                                               cludes an opinion or a disclaimer of opinion              (II) Elite athletic coaching.                        statement of findings, conclusions, rec-
                                               as to whether the Center has complied with                (III) Public service relating to sports.             ommendations,       and    suggested   policy
                                               the terms and conditions of subsection (b);               (IV) Professional advocacy for increased             changes.
                                               and                                                     minority participation in sports.                        (B) PUBLIC AVAILABILITY.—The report re-
                                                 ‘‘(2) ‘independent auditor’ means an inde-              (V) Olympic and Paralympic sports admin-             quired by subparagraph (A) shall be made
                                               pendent certified public accountant or inde-            istration or professional sports administra-           available to the public on an internet
                                               pendent licensed public accountant, certified           tion.                                                  website of the United States Government
                                               or licensed by a regulatory authority of a                (ii) Expertise in bullying prevention and            that is available to the public.
                                               State or a political subdivision of a State,            the promotion of a healthy organizational                (j) POWERS OF COMMISSION.—
                                               who meets the standards specified in gen-               culture.                                                 (1) SUBPOENA AUTHORITY.—The Commission
                                               erally accepted accounting principles.’’.                 (B) OLYMPIC OR PARALYMPIC ATHLETES.—                 may subpoena an individual the testimony of
                                               SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN                Not fewer than 8 members appointed under               whom may be relevant to the purpose of the
                                                          BANKRUPTCY CASES.                            paragraph (1) shall be current or former               Commission.
                                                 Section 362(b) of title 11, United States             Olympic or Paralympic athletes.                          (2) FURNISHING INFORMATION.—On request
                                               Code, is amended—                                         (c) INITIAL MEETING.—Not later than 30               by the executive director of the Commission,
                                                 (1) in paragraph (27), by striking ‘‘and’’ at         days after the date on which the last mem-             the head of a Federal agency shall furnish in-
                                               the end;                                                ber is appointed under paragraph (1), the              formation to the Commission.
                                                 (2) in paragraph (28), by striking the period         Commission shall hold an initial meeting.                (k) TERMINATION OF COMMISSION.—The
                                               at the end and inserting ‘‘; and’’; and                   (d) QUORUM.—11 members of the Commis-                Commission shall terminate 90 days after the
                                                 (3) by inserting after paragraph (28) the fol-        sion shall constitute a quorum.                        date on which the Commission submits the
                                               lowing:                                                   (e) NO PROXY VOTING.—Proxy voting by                 report under subsection (i)(2).
                                                 ‘‘(29) under subsection (a)(1) of this section,       members of the Commission shall be prohib-               (l) AUTHORIZATION OF APPROPRIATIONS.—
                                               of any action by—                                       ited.                                                  There is authorized to be appropriated such
                                                 ‘‘(A) an amateur sports organization, as de-            (f) STAFF.—The co-chairs of the Commis-
                                                                                                                                                              sums as may be necessary to carry out this
                                               fined in section 220501(b) of title 36, to re-          sion shall appoint an executive director of
                                                                                                                                                              section.
                                               place a national governing body, as defined             the Commission, and such staff as appro-
                                                                                                                                                              SEC. 12. SEVERABILITY.
                                               in that section, under section 220528 of that           priate, with compensation.
                                                                                                         (g) PUBLIC HEARINGS.—The Commission                    If any provision of this Act, or an amend-
                                               title; or                                                                                                      ment made by this Act, is determined to be
                                                                                                       shall hold 1 or more public hearings.
                                                 ‘‘(B) the corporation, as defined in section            (h) TRAVEL EXPENSES.—Members of the                  unenforceable or invalid, the remaining pro-
                                               220501(b) of title 36, to revoke the certifi-           Commission shall serve without pay, but                visions of this Act and the amendments
                                               cation of a national governing body, as de-             shall receive travel expenses in accordance            made by this Act shall not be affected.
                                               fined in that section, under section 220521 of          with sections 5702 and 5703 of title 5, United
                                               that title.’’.                                                                                                                f
                                                                                                       States Code.
                                               SEC. 10. ENHANCED CHILD ABUSE REPORTING.                  (i) DUTIES OF COMMISSION.—                                  TEXT OF AMENDMENTS
                                                 Section 226(c)(9) of the Victims of Child               (1) STUDY.—
                                               Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is
                                                                                                                                                                SA 2595. Ms. ERNST submitted an
                                                                                                         (A) IN GENERAL.—The Commission shall
                                               amended—                                                conduct a study on matters relating to the
                                                                                                                                                              amendment intended to be proposed to
                                                 (1) by striking ‘‘adult who is authorized’’           state of United States participation in the            amendment SA 2499 proposed by Mr.
                                               and inserting the following: ‘‘adult who—               Olympic and Paralympic Games.                          MCCONNELL to the bill S. 178, to con-
                                                 ‘‘(A) is authorized’’;                                  (B) MATTERS STUDIED.—The study under                 demn gross human rights violations of
                                                 (2) in subparagraph (A), as so designated,            subparagraph (A) shall include—                        ethnic Turkic Muslims in Xinjiang, and
                                               by inserting ‘‘or’’ after the semicolon at the            (i) a review of the most recent reforms un-          calling for an end to arbitrary deten-
                                               end; and                                                dertaken by the United States Olympic and              tion, torture, and harassment of these
                                                 (3) by adding at the end the following:               Paralympic Committee;
                                                 ‘‘(B) is an employee or representative of
                                                                                                                                                              communities inside and outside China;
                                                                                                         (ii) a description of proposed reforms to the
                                               the United States Center for SafeSport;’’.              structure of the United States Olympic and             which was ordered to lie on the table;
                                               SEC. 11. COMMISSION ON THE STATE OF U.S.                Paralympic Committee;                                  as follows:
                                                          OLYMPICS AND PARALYMPICS.                      (iii) an assessment as to whether the board            At the appropriate place, insert the fol-
                                                 (a) ESTABLISHMENT.—There is established               of directors of the United States Olympic              lowing:
                                               within the legislative branch a commission,             and Paralympic Committee includes diverse              SEC. lll. CALCULATION OF MAXIMUM LOAN
                                               to be known as the ‘‘Commission on the                  members, including athletes;                                     AMOUNT FOR FARMERS AND RANCH-
                                               State of U.S. Olympics and Paralympics’’                  (iv) an assessment of United States athlete                    ERS UNDER THE PAYCHECK PRO-
                                               (referred to in this section as the ‘‘Commis-           participation levels in the Olympic and                          TECTION PROGRAM.
                                               sion’’).                                                Paralympic Games;                                        Section 7(a)(36) of the Small Business Act
                                                 (b) COMPOSITION.—                                       (v) a description of the status of any               (15 U.S.C. 636(a)(36)) is amended—
                                                 (1) IN GENERAL.—The Commission shall be               United States Olympic and Paralympic Com-                (1) in subparagraph (E), in the matter pre-
                                               composed of 16 members, of whom—                        mittee licensing arrangement;                          ceding clause (i), by striking ‘‘During’’ and
                                                 (A) 4 members shall be appointed by the                 (vi) an assessment as to whether the                 inserting ‘‘Except as provided in subpara-
                                               chairman of the Committee on Commerce,                  United States is achieving the goals for the           graph (T), during’’; and
                                               Science, and Transportation of the Senate;              Olympic and Paralympic Games set by the                  (2) by adding at the end the following:
                                                 (B) 4 members shall be appointed by the               United States Olympic and Paralympic Com-                ‘‘(T) CALCULATION OF MAXIMUM LOAN
                                               ranking member of the Committee on Com-                 mittee;                                                AMOUNT FOR FARMERS AND RANCHERS.—
                                               merce, Science, and Transportation of the                 (vii) an analysis of the participation in              ‘‘(i) DEFINITION.—In this subparagraph, the
                                               Senate;                                                 amateur athletics of—                                  term ‘covered recipient’ means an eligible
                                                 (C) 4 members shall be appointed by the                 (I) women;                                           recipient that—
                                               chairman of the Committee on Energy and                   (II) disabled individuals; and                         ‘‘(I) operates as a sole proprietorship or as
                                               Commerce of the House of Representatives;                 (III) minorities;                                    an independent contractor, or is an eligible
                                               and                                                       (viii) a description of ongoing efforts by           self-employed individual;
                                                 (D) 4 members shall be appointed by the               the United States Olympic and Paralympic                 ‘‘(II) reports farm income or expenses on a
                                               ranking member of the Committee on En-                  Committee to recruit the Olympic and                   Schedule F (or any equivalent successor
                                               ergy and Commerce of the House of Rep-                  Paralympic Games to the United States;                 schedule); and
                                               resentatives.                                             (ix) an evaluation of the functions of the             ‘‘(III) was in business during the period be-
                                                 (2) CO-CHAIRS.—Of the members of the                  national governing bodies (as defined in sec-          ginning on February 15, 2019, and ending on
                                               Commission—                                             tion 220501 of title 36, United States Code)           June 30, 2019.
                                                 (A) 1 co-chair shall be designated by the             and an analysis of the responsiveness of the             ‘‘(ii) NO EMPLOYEES.—With respect to cov-
                                               chairman of the Committee on Commerce,                  national governing bodies to athletes with             ered recipient without employees, the max-
                                               Science, and Transportation of the Senate;              respect to the duties of the national gov-             imum covered loan amount shall be the less-




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                                               and                                                     erning bodies under section 220524(a)(3) of            er of—
                                                 (B) 1 co-chair shall be designated by the             title 36, United States Code; and                        ‘‘(I) the sum of—
                                               chairman of the Committee on Energy and                   (x) an assessment of the finances and the              ‘‘(aa) the product obtained by multi-
                                               Commerce of the House of Representatives.               financial organization of the United States            plying—
                                                 (3) QUALIFICATIONS.—                                  Olympic and Paralympic Committee.                        ‘‘(AA) the gross income of the covered re-
                                                 (A) IN GENERAL.—Each member appointed                   (2) REPORT.—                                         cipient in 2019, as reported on a Schedule F
                                               to the Commission shall have the following                (A) IN GENERAL.—Not later than 270 days              (or any equivalent successor schedule), that
                                               qualifications:                                         after the date of the enactment of this Act,           is not more than $100,000, divided by 12; and




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                                               S5300                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                  ‘‘(BB) 2.5; and                                      spect to the Coronavirus Disease 2019                    At the appropriate place, insert the fol-
                                                  ‘‘(bb) the outstanding amount of a loan              (COVID–19); and                                        lowing:
                                               under subsection (b)(2) that was made during              ‘‘(II) were not accounted for in the budget          SEC. ll. USE OF PPP LOANS FOR SUPPLIER
                                               the period beginning on January 31, 2020, and           most recently approved as of the date of en-                     COSTS.
                                               ending on April 3, 2020, that the borrower in-          actment of this section for the State or gov-            (a) IN GENERAL.—Section 7(a)(36)(F)(i) of
                                               tends to refinance under the covered loan,              ernment; and                                           the      Small    Business    Act    (15   U.S.C.
                                               not including any amount of any advance                   ‘‘(ii) in accordance with a qualifying eco-          636(a)(36)(F)(i)) is amended—
                                               under the loan that is not required to be re-           nomic development plan.                                   (1) in subclause (VI), by striking ‘‘and’’ at
                                               paid; or                                                  ‘‘(B) AVAILABILITY.—Any funds obligated              the end;
                                                  ‘‘(II) $2,000,000.                                   under subparagraph (A) as of the date speci-              (2) in subclause (VII), by striking the pe-
                                                  ‘‘(iii) WITH EMPLOYEES.—With respect to a            fied in such subparagraph shall remain avail-          riod at the end and inserting ‘‘; and’’; and
                                               covered recipient with employees, the max-              able until expended.                                      (3) by adding at the end the following:
                                               imum covered loan amount shall be cal-                    ‘‘(C) CERTIFICATION REQUIREMENT.—In order               ‘‘(VIII) covered supplier costs, as defined in
                                               culated using the formula described in sub-             to use funds provided under a payment under            section 1106(a) of the CARES Act (15 U.S.C.
                                               paragraph (E), except that the gross income             this section in accordance with this para-             9005(a)).’’.
                                               of the covered recipient described in clause            graph, a State, Tribal government, or unit of             (b) LOAN FORGIVENESS.—Section 1106 of the
                                               (ii)(I)(aa)(AA) of this subparagraph, as di-            local government shall provide the Secretary           CARES Act (15 U.S.C. 9005) is amended—
                                               vided by 12, shall be added to the sum cal-             with a certification signed by the Chief Ex-              (1) in subsection (a)—
                                               culated under subparagraph (E)(i)(I).                   ecutive of the State or government that the               (A) by redesignating paragraphs (5), (6), (7),
                                                  ‘‘(iv) RECALCULATION.—A lender that made             proposed uses of the funds under the quali-            and (8) as paragraphs (6), (7), (8), and (9), re-
                                               a covered loan to a covered recipient before            fying economic development plan are con-               spectively;
                                               the date of enactment of this subparagraph              sistent with the requirements of subpara-                 (B) by inserting after paragraph (4) the fol-
                                               may, at the request of the covered recipi-              graph (A)(i).                                          lowing:
                                               ent—                                                      ‘‘(D) QUALIFYING ECONOMIC DEVELOPMENT                   ‘‘(5) the term ‘covered supplier cost’ means
                                                  ‘‘(I) recalculate the maximum loan amount            PLAN.—For purposes of subparagraph (A), the            an expenditure made by an entity to a sup-
                                               applicable to that covered loan based on the            term ‘qualifying economic development plan’            plier of goods pursuant to a contract in ef-
                                               formula described in clause (ii) or (iii), as ap-       means, with respect to a State or govern-              fect before February 15, 2020 for the supply of
                                               plicable, if doing so would result in a larger          ment, a plan for using funds paid or distrib-          goods that are essential to the operations of
                                               covered loan amount; and                                uted to the State or government under this             the entity at the time at which the expendi-
                                                  ‘‘(II) provide the covered recipient with ad-        section to respond to the COVID–19 public              ture is made;’’;
                                               ditional covered loan amounts based on that             health emergency that is approved by the                  (C) in paragraph (8), as so redesignated—
                                               recalculation.’’.                                       State or the governing board of a university              (i) in subparagraph (C), by striking ‘‘and’’
                                                                                                       before December 30, 2020.’’.                           at the end; and
                                                 SA 2596. Mr. MORAN submitted an                                                                                 (ii) by adding at the end the following:
                                               amendment intended to be proposed to                      SA 2597. Mr. SCOTT of South Caro-                       ‘‘(E) covered supplier costs; and’’;
                                                                                                       lina submitted an amendment intended                      (2) in subsection (b) by adding at the end
                                               amendment SA 2499 proposed by Mr.                                                                              the following:
                                               MCCONNELL to the bill S. 178, to con-                   to be proposed to amendment SA 2499
                                                                                                                                                                 ‘‘(5) Any covered supplier cost.’’;
                                               demn gross human rights violations of                   proposed by Mr. MCCONNELL to the bill
                                                                                                                                                                 (3) in subsection (d)(8), by inserting ‘‘any
                                               ethnic Turkic Muslims in Xinjiang, and                  S. 178, to condemn gross human rights                  payment on any covered supplier cost,’’ after
                                               calling for an end to arbitrary deten-                  violations of ethnic Turkic Muslims in                 ‘‘rent obligation,’’; and
                                               tion, torture, and harassment of these                  Xinjiang, and calling for an end to ar-                   (4) in subsection (e)—
                                               communities inside and outside China;                   bitrary detention, torture, and harass-                   (A) in paragraph (2), by inserting ‘‘pay-
                                               which was ordered to lie on the table;                  ment of these communities inside and                   ments on covered supplier costs’’ after ‘‘lease
                                                                                                       outside China; which was ordered to lie                obligations,’’; and
                                               as follows:                                                                                                       (B) in paragraph (3)(B), by inserting ‘‘make
                                                 At the appropriate place, insert the fol-             on the table; as follows:
                                                                                                                                                              payments on covered supplier costs,’’ after
                                               lowing:                                                   At the appropriate place, insert the fol-
                                                                                                                                                              ‘‘rent obligation,’’.
                                               SEC.   ll.     EXTENDED   AVAILABILITY FOR              lowing:                                                   (c) EFFECTIVE DATE; APPLICABILITY.—The
                                                            CORONAVIRUS RELIEF FUND PAY-               SEC. lll. DIRECT APPROPRIATION TO MBDA.                amendments made by section shall be effec-
                                                            MENTS USED IN ACCORDANCE WITH                (a) DEFINITION.—In this section, the term            tive as if included in the CARES Act (Public
                                                            A QUALIFYING ECONOMIC DEVELOP-             ‘‘small business concern’’ has the meaning             Law 116–136) and shall apply to any loan
                                                            MENT PLAN.                                 given the term in section 3 of the Small               made pursuant to section 7(a)(36) of the
                                                 Section 601(d) of the Social Security Act             Business Act (15 U.S.C. 632).                          Small Business Act (15 U.S.C. 636(a)(36)).
                                               (42 U.S.C. 801(d)) is amended to read as fol-              (b) APPROPRIATION.—There is appropriated,
                                               lows:                                                   out of amounts in the Treasury not other-                SA 2599. Mr. LEE submitted an
                                                 ‘‘(d) USE OF FUNDS; AVAILABILITY.—                    wise appropriated, for the fiscal year ending          amendment intended to be proposed to
                                                 ‘‘(1) IN GENERAL.—A State, Tribal govern-             September 30, 2020, $10,000,000 under the              amendment SA 2499 proposed by Mr.
                                               ment, and unit of local government shall use            heading ‘‘Department of Commerce—Minor-                MCCONNELL to the bill S. 178, to con-
                                               the funds provided under a payment made                 ity Business Development Agency’’ for mi-
                                                                                                       nority business centers of the Minority Busi-
                                                                                                                                                              demn gross human rights violations of
                                               under this section to cover only those costs
                                               of the State, Tribal government, or unit of             ness Development Agency of the Department              ethnic Turkic Muslims in Xinjiang, and
                                               local government that—                                  of Commerce to provide technical assistance            calling for an end to arbitrary deten-
                                                 ‘‘(A) are necessary expenditures incurred             to small business concerns.                            tion, torture, and harassment of these
                                               due to the public health emergency with re-                (c) EMERGENCY DESIGNATION.—                         communities inside and outside China;
                                               spect to the Coronavirus Disease 2019                      (1) IN GENERAL.—The amounts provided                which was ordered to lie on the table;
                                               (COVID–19);                                             under this section are designated as an emer-          as follows:
                                                 ‘‘(B) were not accounted for in the budget            gency requirement pursuant to section 4(g)               At the appropriate place, insert the fol-
                                               most recently approved as of the date of en-            of the Statutory Pay-As-You-Go Act of 2010             lowing:
                                               actment of this section for the State or gov-           (2 U.S.C. 933(g)).                                     SEC. ll. ELIMINATION OF MAINTENANCE OF EF-
                                               ernment; and                                               (2) DESIGNATION IN SENATE.—In the Senate,                      FORT REQUIREMENTS.
                                                 ‘‘(C) subject to paragraph (2), were incurred         this section is designated as an emergency               (a) IN GENERAL.—Section 6008 of the Fami-
                                               during the period that begins on March 1,               requirement pursuant to section 4112(a) of H.          lies First Coronavirus Response Act (Public
                                               2020, and ends on December 30, 2020.                    Con. Res. 71 (115th Congress), the concurrent          Law 116–127) is amended—
                                                 ‘‘(2) EXTENDED AVAILABILITY FOR FUNDS                 resolution on the budget for fiscal year 2018.           (1) in subsection (b), by striking ‘‘with re-
                                               USED IN ACCORDANCE WITH A QUALIFYING ECO-                                                                      spect to a quarter’’ and all that follows
                                               NOMIC DEVELOPMENT PLAN.—                                  SA 2598. Mr. INHOFE submitted an                     through ‘‘the State does not’’ and inserting
                                                 ‘‘(A) IN GENERAL.—Notwithstanding sub-                amendment intended to be proposed to                   ‘‘with respect to a quarter, if the State does
                                               paragraph (C) of paragraph (1), funds pro-              amendment SA 2499 proposed by Mr.                      not’’; and
                                               vided under a payment made under this sec-              MCCONNELL to the bill S. 178, to con-




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                                                                                                                                                                (2) by striking subsection (d).
                                               tion shall remain available to a State, Tribal          demn gross human rights violations of                    (b) EFFECTIVE DATE.—The amendment
                                               government, or unit of local government                 ethnic Turkic Muslims in Xinjiang, and                 made by subsection (a)(1) shall take effect as
                                               until December 31, 2022, for obligation by the                                                                 if included in the enactment of the Families
                                                                                                       calling for an end to arbitrary deten-
                                               State or government—                                                                                           First Coronavirus Response Act (Public Law
                                                 ‘‘(i) for costs of the State or government            tion, torture, and harassment of these                 116–127).
                                               that—                                                   communities inside and outside China;
                                                 ‘‘(I) are necessary expenditures incurred             which was ordered to lie on the table;                  SA 2600. Mr. LEE submitted an
                                               due to the public health emergency with re-             as follows:                                            amendment intended to be proposed to



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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5301
                                               amendment SA 2499 proposed by Mr.                       9006(a)(1)), the lesser of the amount of such             (3) TAX EQUIVALENT AMOUNT.—The term
                                               MCCONNELL to the bill S. 178, to con-                   unobligated balances or $6,000,000,000.                ‘‘tax equivalent amount’’, with respect to
                                               demn gross human rights violations of                     (2) CHARACTERISTICS OF TRANSFERRED                   payments under the payment in lieu of taxes
                                                                                                       AMOUNTS.—The amounts transferred under                 program, means the amount of property tax
                                               ethnic Turkic Muslims in Xinjiang, and
                                                                                                       paragraph (1)—                                         revenues that would be generated for local
                                               calling for an end to arbitrary deten-                    (A) notwithstanding section 5302(a)(1) of            governments (including the tax revenues of
                                               tion, torture, and harassment of these                  title 31, United States Code, shall be avail-          States, counties, cities, and other taxing ju-
                                               communities inside and outside China;                   able to the Secretary of the Treasury, with-           risdictions, as applicable) for the Federal
                                               which was ordered to lie on the table;                  out further appropriation, to, in accordance           land eligible for those payments if that land
                                               as follows:                                             with the changes made by subsection (a),               were privately owned.
                                                 At the appropriate place, insert the fol-             make loans, loan guarantees, and other in-                (d) STUDY, REPORT, AND MODEL ON TAX
                                               lowing:                                                 vestments under the Main Street Lending                EQUIVALENT AMOUNT OF PILT PAYMENTS.—
                                                                                                       Program established by the Board of Gov-                  (1) IN GENERAL.—Not later than 180 days
                                               SEC. ll. STATE VALIDATION AND APPROVAL OF
                                                          IN VITRO DIAGNOSTIC TESTS.                   ernors of the Federal Reserve System; and              after the date of enactment of this Act, the
                                                                                                         (B) shall remain available until January 1,          Secretary, in consultation with the Sec-
                                                 (a) IN GENERAL.—Notwithstanding any
                                                                                                       2026.                                                  retary of Agriculture and the head of any
                                               other provision of law, including any provi-
                                               sion of the Federal Food, Drug, and Cosmetic                                                                   other Federal agency that the Secretary de-
                                               Act (21 U.S.C. 301 et seq.) or section 353 of the
                                                                                                         SA 2602. Mr. LEE submitted an                        termines to be appropriate, shall—
                                               Public Health Service Act (42 U.S.C. 263a), a           amendment intended to be proposed to                      (A) conduct a study—
                                               State may validate and approve for use in               amendment SA 2499 proposed by Mr.                         (i) to evaluate all land eligible for pay-
                                               the State an in vitro diagnostic test (as de-           MCCONNELL to the bill S. 178, to con-                  ments under the payment in lieu of taxes
                                               fined in section 809.3 of title 21, Code of Fed-        demn gross human rights violations of                  program as of the date of enactment of this
                                               eral Regulations (or successor regulations)),           ethnic Turkic Muslims in Xinjiang, and                 Act;
                                               for use and distribution within the applica-                                                                      (ii) to determine the market value of that
                                                                                                       calling for an end to arbitrary deten-                 land in a fair and open market; and
                                               ble State only, in accordance with such proc-           tion, torture, and harassment of these
                                               esses and standards as the State may re-                                                                          (iii) to determine the tax equivalent
                                               quire.
                                                                                                       communities inside and outside China;                  amount of payments under the payment in
                                                 (b) NO REQUIREMENT TO NOTIFY FDA.—The                 which was ordered to lie on the table;                 lieu of taxes program for that land;
                                               manufacturer of an in vitro diagnostic test             as follows:                                               (B) submit to Congress and make publicly
                                               validated and approved by a State under sub-              At the appropriate place, insert the fol-            available a report describing—
                                               section (a) shall not be required, with respect         lowing:                                                   (i) the results of the study conducted under
                                               to the use of such test in such State, to no-           SEC. llll. STUDY, REPORT, AND MODELING                 subparagraph (A); and
                                               tify the Food and Drug Administration, re-                          TOOL RELATING TO THE TAX EQUIV-               (ii) how payments under the payment in
                                               ceive approval from the Food and Drug Ad-                           ALENT AMOUNT OF PAYMENTS                   lieu of taxes program could more accurately
                                               ministration, or report results to the Food                         UNDER THE PAYMENT IN LIEU OF               reflect the tax equivalent amount; and
                                               and Drug Administration.                                            TAXES PROGRAM.                                (C) develop a modeling tool that—
                                                 (c) NO APPLICABILITY OF CLIA REQUIRE-                   (a) FINDINGS.—Congress finds that—                      (i) accounts for reasonable and customary
                                               MENT.—The requirements of section 353 of                  (1) Congress agreed with recommendations             valuation factors and assumptions; and
                                               the Public Health Service Act (42 U.S.C.                of a Federal commission that, if Federal land             (ii) calculates, in a timely manner, for
                                               263a) shall not apply with respect to a test            is to be retained by the Federal Government            every acre of Federal land eligible for pay-
                                               validated and approved by a State, to the ex-           and not contribute to the tax bases of the             ments under the payment in lieu of taxes
                                               tent such test is used only within that State.          local governments within the jurisdictions of          program—
                                                                                                       which the land is located, compensation                   (I) the market value of that land; and
                                                 SA 2601. Mr. LEE submitted an                         should be offered to those local governments              (II) the tax equivalent amount of payments
                                               amendment intended to be proposed to                    to make up for the presence of nontaxable              under the payment in lieu of taxes program
                                                                                                       land within the jurisdictions of those local           for that land.
                                               amendment SA 2499 proposed by Mr.
                                                                                                       governments;                                              (2) REQUIREMENTS.—
                                               MCCONNELL to the bill S. 178, to con-                     (2) local governments rely on the stability             (A) STUDY.—In conducting the study under
                                               demn gross human rights violations of                   of property tax revenues, but no precise fig-          paragraph (1)(A), the Secretary shall con-
                                               ethnic Turkic Muslims in Xinjiang, and                  ure can be given in advance for the author-            sider any studies conducted by States, coun-
                                               calling for an end to arbitrary deten-                  ization level of the payment in lieu of taxes          ties, or other taxing jurisdictions pertaining
                                               tion, torture, and harassment of these                  program;                                               to the tax equivalent amount of payments
                                               communities inside and outside China;                     (3) Federal agencies have determined that            under the payment in lieu of taxes program.
                                               which was ordered to lie on the table;                  payments to local governments under the                   (B) MODELING TOOL.—The modeling tool de-
                                                                                                       payment in lieu of taxes program are far               veloped under paragraph (1)(C) shall—
                                               as follows:
                                                                                                       lower than what would be due to local gov-                (i) accurately calculate, in real time, the
                                                 At the appropriate place, insert the fol-             ernments under tax equivalency;                        market value of every acre of Federal land in
                                               lowing:                                                   (4) payments under the payment in lieu of            the United States;
                                               SEC. lll. MAIN STREET LENDING PROGRAM.                  taxes program help local governments carry                (ii) enable an employee or agent of the De-
                                                 (a) IN GENERAL.—Not later than 7 days                 out vital services, such as firefighting, police       partment of the Interior to manually modify
                                               after the date of enactment of this Act, the            protection, public education, construction of          factors relating to the valuation model used
                                               Board of Governors of the Federal Reserve               public schools, construction of roads, and             by the modeling tool to calculate, in real
                                               System shall make the following changes to              search-and-rescue operations; and                      time, the market value of Federal land based
                                               the Main Street Lending Program estab-                    (5) the technology exists to more accu-              on new assumptions relating to that land;
                                               lished by the Board of Governors:                       rately determine what the taxable value of                (iii) provide technical anchors relating to
                                                 (1) Eliminate any minimum loan amount                 land held by the Federal Government would              market data—
                                               under the Program.                                      be if that land were taxable by local govern-             (I) to ensure the ongoing integrity of the
                                                 (2) Eliminate any servicing fee imposed on            ments.                                                 modeling tool; and
                                               a lender with respect to the initiation or                (b) SENSE OF CONGRESS.—It is the sense of               (II) to ensure that the land values deter-
                                               purchase of any loan under the Program.                 Congress that the Federal Government                   mined by the modeling tool are defensible
                                                 (3) Provide that—                                     should—                                                and based on sound and generally accepted
                                                 (A) there shall not be a minimum interest               (1) determine the amount that payments               valuation methodologies;
                                               rate for any loan covered under the Program;            under the payment in lieu of taxes program                (iv) assimilate, in a visual interface—
                                               and                                                     would be if those payments were equivalent                (I) market data, including the availability
                                                 (B) the Board of Governors may establish a            to the tax revenues that local governments             of mineral extraction, energy production,
                                               maximum interest rate for any loan covered              would otherwise receive for the same land;             water management, timber management, ag-
                                               under the Program.                                      and                                                    ricultural uses, and recreational uses with
                                                 (b) TRANSFER OF APPROPRIATIONS.—                        (2) compensate those local governments ac-           respect to the applicable land; and
                                                 (1) TRANSFER.—Effective on the date that              cordingly.                                                (II) geographic information systems (com-




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                                               is 7 days after the date of enactment of this             (c) DEFINITIONS.—In this section:                    monly known as ‘‘GIS’’) data relating to all
                                               Act, and notwithstanding any other provi-                 (1) PAYMENT IN LIEU OF TAXES PROGRAM.—               Federal land eligible for payments under the
                                               sion of law, the Secretary of the Treasury              The term ‘‘payment in lieu of taxes pro-               payment in lieu of taxes program;
                                               shall transfer to the fund established under            gram’’ means the payment in lieu of taxes                 (v) tie the model used by the tool to mar-
                                               section 5302(a)(1) of title 31, United States           program established under chapter 69 of title          ket sources, allowing the model to automati-
                                               Code, from the unobligated balances of the              31, United States Code.                                cally adjust and reflect current market con-
                                               amounts made available under section                      (2) SECRETARY.—The term ‘‘Secretary’’                ditions; and
                                               1107(a)(1) of the CARES Act (15 U.S.C.                  means the Secretary of the Interior.                      (vi) allow a user of the modeling tool—




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                                               S5302                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                 (I) to estimate the value of Federal land as          under the pandemic unemployment assist-                   ‘‘(2) TREATMENT OF CREDIT.—For purposes
                                               that land is currently used; and                        ance program under section 2102, as de-                of this title (other than this section and sec-
                                                 (II) to estimate changes in that value due            scribed in subsection (d)(1)(A)(i) or (d)(2) of        tion 39), the excess of—
                                               to future uses under various scenarios under            such section 2102, for which subclause (I) or             ‘‘(A) amount of the credit allowed solely by
                                               private or public ownership.                            (II) do not apply, an amount equal to 1⁄52 of          reason of this subsection, over
                                                 (3) CONTRACTS AND CONSULTANTS.—The Sec-               the sum of all base period wages.                         ‘‘(B) net income tax (as defined in sub-
                                               retary may contract or consult with any                   ‘‘(ii) SPECIAL RULE.—If more than one of             section (c)(1)) reduced by credits allowable
                                               public or private entity to analyze data, con-          the methods of computation under sub-                  under subparts D (without regard to this sub-
                                               duct research, or develop a model that would            clauses (I), (II), and (III) of clause (i) are ap-     section) and G,
                                               contribute to the report and modeling tool              plicable to a State, then such term shall              shall be treated as an overpayment of tax for
                                               developed by the Secretary under this sub-              mean the amount determined under the ap-               the taxable year.
                                               section.                                                plicable subclause of clause (i) that results             ‘‘(3) ELIGIBLE TAXABLE YEAR.—For purposes
                                                                                                       in the highest amount of average weekly                of this subsection, the term ‘eligible taxable
                                                 SA 2603. Mr. LEE submitted an                         wages.                                                 year’ means any taxable year ending in 2019
                                               amendment intended to be proposed to                      ‘‘(D) APPLICABLE FLAT OPTION AND CAP                 or 2020.
                                               amendment SA 2499 proposed by Mr.                       AMOUNT.—The applicable flat option amount                 ‘‘(4) ELECTION.—An election under para-
                                               MCCONNELL to the bill S. 178, to con-                   and the applicable cap amount described in             graph (1) shall be made at such time and in
                                               demn gross human rights violations of                   this subparagraph is as follows:                       such manner as the Secretary may prescribe.
                                                                                                         ‘‘(i) For weeks of unemployment beginning               ‘‘(5) GUIDANCE AND REGULATIONS.—The Sec-
                                               ethnic Turkic Muslims in Xinjiang, and
                                                                                                       after the last week under subparagraph (A)(i)          retary shall prescribe such regulations and
                                               calling for an end to arbitrary deten-                  and ending before August 31, 2020—                     guidance as may be necessary to carry out
                                               tion, torture, and harassment of these                    ‘‘(I) the applicable flat option amount is           this subsection, including regulations or
                                               communities inside and outside China;                   $200; and                                              guidance to prevent any double counting of
                                               which was ordered to lie on the table;                    ‘‘(II) the applicable cap amount is $500.            credits allowable under this section.’’.
                                               as follows:                                               ‘‘(ii) For weeks of unemployment begin-                 (b) ALLOWANCE OF REFUNDS.—Section
                                                 Beginning on page 2, strike line 13 and all           ning after the last week under clause (i) and          1324(b)(2) of title 31, United States Code, is
                                                                                                       ending on or before September 30, 2020—                amended by inserting ‘‘38(e)’’ after ‘‘36B’’.
                                               that follows through page 5, line 18, and in-
                                                                                                         ‘‘(I) the applicable flat option amount is              (c)     CONFORMING      AMENDMENT.—Section
                                               sert the following:                                                                                            6211(b)(4)(A) of the Internal Revenue Code of
                                                 ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-                $150; and
                                                                                                         ‘‘(II) the applicable cap amount is $400.            1986 is amended by inserting ‘‘38(e),’’ after
                                               PLOYMENT COMPENSATION.—
                                                                                                         ‘‘(iii) For weeks of unemployment begin-             ‘‘36B,’’.
                                                 ‘‘(A) IN GENERAL.—The amount specified in                                                                       (d) CREDITS NOT SUBJECT TO SEQUESTRA-
                                               this paragraph is the following amount with             ning after the last week under clause (ii) and
                                                                                                                                                              TION.—Section 255(d) of the Balanced Budget
                                               respect to an individual:                               ending on or before November 1, 2020—
                                                                                                                                                              and Emergency Deficit Control Act of 1985 (2
                                                 ‘‘(i) For weeks of unemployment beginning               ‘‘(I) the applicable flat option amount is
                                                                                                                                                              U.S.C. 905(d)) is amended—
                                               after the date on which an agreement is en-             $100; and
                                                                                                                                                                 (1) by striking ‘‘Payments’’ and inserting
                                               tered into under this section and ending on               ‘‘(II) the applicable cap amount is $300.            the following:
                                               or before July 31, 2020, $600.                            ‘‘(iv) For weeks of unemployment begin-                 ‘‘(1) IN GENERAL.—Payments’’, and
                                                 ‘‘(ii) For weeks of unemployment begin-               ning after the last week under clause (iii)               (2) by adding at the end the following:
                                               ning after the last week under clause (i) and           and ending on or before November 30, 2020—                ‘‘(2) GENERAL BUSINESS CREDITS.—Pay-
                                               ending before December 31, 2020, an amount                ‘‘(I) the applicable flat option amount is           ments made under subsection (e) of section
                                               equal to one of the following, as determined            $50; and                                               38 of the Internal Revenue Code of 1986 shall
                                               by the State for all individuals:                         ‘‘(II) the applicable cap amount is $200.            be exempt from reduction under any order
                                                 ‘‘(I) The applicable flat option amount de-             ‘‘(v) For weeks of unemployment beginning            issued under this part.’’.
                                               scribed in subparagraph (D).                            after the last week under clause (iv) and end-            (e) SPECIAL RULE FOR REFUNDS.—
                                                 ‘‘(II) An amount (not to exceed the applica-          ing on or before December 31, 2020—                       (1) IN GENERAL.—For purposes of the Inter-
                                               ble cap amount described in subparagraph                  ‘‘(I) the applicable flat option amount is $0;       nal Revenue Code of 1986, a credit or refund
                                               (D)) equal to—                                          and                                                    for which an application described in para-
                                                 ‘‘(aa) two-thirds of the individual’s average           ‘‘(II) the applicable cap amount is $100.’’.         graph (2)(A) is filed shall be treated as made
                                               weekly wages; minus                                                                                            under section 6411 of such Code.
                                                 ‘‘(bb) the individual’s base amount (deter-             SA 2604. Mr. CORNYN submitted an                        (2) TENTATIVE REFUND.—
                                               mined prior to any reductions or offsets).              amendment intended to be proposed to                      (A) APPLICATION.—A taxpayer may file an
                                                 ‘‘(B) BASE AMOUNT.—For purposes of this               amendment SA 2499 proposed by Mr.                      application for a tentative credit or refund of
                                               paragraph, the term ‘base amount’ means,                                                                       any amount for which a credit or refund for
                                                                                                       MCCONNELL to the bill S. 178, to con-
                                               with respect to an individual, an amount                                                                       any taxable year is due by reason of section
                                                                                                       demn gross human rights violations of                  38(e) of the Internal Revenue Code of 1986.
                                               equal to—
                                                 ‘‘(i) for weeks of unemployment under the             ethnic Turkic Muslims in Xinjiang, and                 Such application shall be in such manner
                                               pandemic unemployment assistance program                calling for an end to arbitrary deten-                 and form as the Secretary of the Treasury
                                               under section 2102, the amount determined               tion, torture, and harassment of these                 (or the Secretary’s delegate) may prescribe
                                               under subsection (d)(1)(A)(i) or (d)(2) of such         communities inside and outside China;                  and shall—
                                               section 2102, as applicable; or                         which was ordered to lie on the table;                    (i) be verified in the same manner as an ap-
                                                 ‘‘(ii) for all other weeks of unemployment,                                                                  plication under section 6411(a) of such Code,
                                                                                                       as follows:
                                               the amount determined under paragraph                                                                             (ii) be filed not later than the date that is
                                               (1)(A) of this subsection.                                At the appropriate place, insert the fol-            120 days after the date of the enactment of
                                                 ‘‘(C) AVERAGE WEEKLY WAGES.—                          lowing:                                                this Act, and
                                                 ‘‘(i) IN GENERAL.—Subject to clause (ii), for         SEC. lll. MONETIZATION OF GENERAL BUSI-                   (iii) set forth—
                                               purposes of this paragraph, the term ‘aver-                       NESS CREDITS.                                   (I) the amount of the credit claimed under
                                               age weekly wages’ means, with respect to an               (a) IN GENERAL.—Section 38 of the Internal           section 38(e) of such Code for such taxable
                                               individual, the following:                              Revenue Code of 1986 is amended by inserting           year, and
                                                 ‘‘(I) If the State computes the individual            after subsection (d) the following:                       (II) the amount of the refund claimed.
                                               weekly unemployment compensation benefit                  ‘‘(e) SPECIAL RULES FOR ELIGIBLE YEARS.—                (B) ALLOWANCE OF ADJUSTMENTS.—Within a
                                               amount based on an individual’s average                   ‘‘(1) IN GENERAL.—If a taxpayer elects the           period of 90 days from the date on which an
                                               weekly wages in a base period, an amount                application of this subsection for any eligi-          application is filed under subparagraph (A),
                                               equal to the individual’s average weekly                ble taxable year—                                      the Secretary of the Treasury (or the Sec-
                                               wages used in such computation.                           ‘‘(A) the limitation under subsection (c)            retary’s delegate) shall—
                                                 ‘‘(II) If the State computes the individual           shall be increased by an amount equal to the              (i) review the application,
                                               weekly unemployment compensation benefit                excess (if any) of—                                       (ii) determine the amount of the overpay-
                                               amount based on high quarter wages or a for-              ‘‘(i) the credit allowed under subsection (a)        ment, and
                                               mula using wages across some but not all                for the taxable year (determined without re-              (iii) apply, credit, or refund such overpay-
                                               quarters in a base period, an amount equal              gard to subsection (c)), over                          ment,




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                                               to 1⁄13 of such high quarter wages or average             ‘‘(ii) the credit allowed under subsection           in a manner similar to the manner provided
                                               wages of the applicable quarters used in the            (a) for such taxable year (determined after            in section 6411(b) of the Internal Revenue
                                               computation for the individual.                         the application of subsection (c)), and                Code of 1986.
                                                 ‘‘(III) If the State uses computations other            ‘‘(B) the amount of the credit determined               (C) CONSOLIDATED RETURNS.—The provi-
                                               than the computations under subclause (I) or            under section 41(a) for such taxable year              sions of section 6411(c) of the Internal Rev-
                                               (II) for the individual weekly unemployment             shall be determined without regard to the              enue Code of 1986 shall apply to an adjust-
                                               compensation benefit amount, or for com-                limitation in the first sentence of section            ment under this paragraph to the same ex-
                                               putations of the weekly benefit amount                  41(g).                                                 tent and manner as the Secretary of the




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5303
                                               Treasury (or the Secretary’s delegate) may                (A) by redesignating paragraphs (3)                  portion of the critical infrastructure busi-
                                               provide.                                                through (8) as paragraphs (4) through (9), re-         ness concern that, if organized as a separate
                                                 (3) APPLICATION FOR ADJUSTMENT OF OVER-               spectively;                                            business entity, would be assigned a North
                                               PAYMENT OF ESTIMATED INCOME TAX.—An ap-                   (B) by inserting after paragraph (2) the fol-        American Industry Classification System
                                               plication for adjustment of overpayment of              lowing:                                                code beginning with 72.’’.
                                               estimated income tax under section 6425 of                ‘‘(3) the term ‘covered operations expendi-
                                               the Internal Revenue Code of 1986 by reason             ture’ means a payment for any business soft-             SA 2608. Mr. YOUNG (for himself and
                                               of section 38(e) of such Code shall not fail to         ware or cloud computing service that facili-           Mr. SASSE) submitted an amendment
                                               be treated as timely filed if filed not later           tates business operations, product or service          intended to be proposed to amendment
                                               than the date which is 120 days after the date          delivery, the processing, payment, or track-           SA 2499 proposed by Mr. MCCONNELL to
                                               of the enactment of this Act.                           ing of payroll expenses, human resources,              the bill S. 178, to condemn gross human
                                                 (f) EFFECTIVE DATE.—The amendments                    sales and billing functions, or accounting or
                                               made by this section shall apply to taxable             tracking of supplies, inventory, records and
                                                                                                                                                              rights violations of ethnic Turkic Mus-
                                               years ending after December 31, 2018.                   expenses;’’; and                                       lims in Xinjiang, and calling for an end
                                                                                                         (C) in paragraph (8), as so redesignated—            to arbitrary detention, torture, and
                                                 SA 2605. Mr. RUBIO submitted an                         (i) in subparagraph (C), by striking ‘‘and’’         harassment of these communities in-
                                               amendment intended to be proposed to                    at the end; and                                        side and outside China; which was or-
                                               amendment SA 2499 proposed by Mr.                         (ii) by adding at the end the following:             dered to lie on the table; as follows:
                                               MCCONNELL to the bill S. 178, to con-                     ‘‘(E) covered operations expenditures;                 At the appropriate place, insert the fol-
                                                                                                       and’’;                                                 lowing:
                                               demn gross human rights violations of                     (2) in subsection (b), by adding at the end
                                               ethnic Turkic Muslims in Xinjiang, and                                                                         SEC. ll. IMPROVEMENTS TO STATE UNEMPLOY-
                                                                                                       the following:                                                    MENT SYSTEMS AND STRENGTH-
                                               calling for an end to arbitrary deten-                    ‘‘(5) Any covered operations expenditure.’’;                    ENING PROGRAM INTEGRITY.
                                               tion, torture, and harassment of these                    (3) in subsection (d)(8), by inserting ‘‘any           (a) UNEMPLOYMENT COMPENSATION SYS-
                                               communities inside and outside China;                   payment on any covered operations expendi-             TEMS.—
                                               which was ordered to lie on the table;                  ture,’’ after ‘‘rent obligation,’’; and                  (1) IN GENERAL.—Section 303(a) of the So-
                                               as follows:                                               (4) in subsection (e)—                               cial Security Act (42 U.S.C. 503(a)) is amend-
                                                                                                         (A) in paragraph (2), by inserting ‘‘pay-            ed—
                                                 At the appropriate place, insert the fol-
                                                                                                       ments on covered operations expenditures,’’               (A) in the matter preceding paragraph (1),
                                               lowing:
                                                                                                       after ‘‘lease obligations,’’; and                      by striking ‘‘provision for—’’ and inserting
                                               SEC. ll. LIMIT ON PPP LOANS TO ENTITIES
                                                                                                         (B) in paragraph (3)(B), by inserting ‘‘make         ‘‘provision for each of the following:’’;
                                                         THAT ARE CONNECTED TO THE PEO-
                                                         PLE’S REPUBLIC OF CHINA.                      payments on covered operations expendi-                   (B) at the end of each of paragraphs (1)
                                                                                                       tures,’’ after ‘‘rent obligation,’’.                   through (10) and paragraph (11)(B), by strik-
                                                 Section 7(a)(36)(A)(iv) of the Small Busi-
                                               ness Act (15 U.S.C. 636(a)(36)(A)(iv)) is                                                                      ing ‘‘; and’’ and inserting a period; and
                                                                                                         SA 2607. Ms. ERNST submitted an                         (C) by adding at the end the following new
                                               amended to read as follows:
                                                 ‘‘(iv) the term ‘eligible recipient’—                 amendment intended to be proposed to                   paragraph:
                                                 ‘‘(I) means an individual or entity that is           amendment SA 2499 proposed by Mr.                         ‘‘(13) The State system shall, in addition to
                                               eligible to receive a covered loan; and                 MCCONNELL to the bill S. 178, to con-                  meeting the requirements under section 1137,
                                                 ‘‘(II) does not include any business concern          demn gross human rights violations of                  meet the following requirements:
                                               or entity—                                              ethnic Turkic Muslims in Xinjiang, and                    ‘‘(A) The system shall be capable of han-
                                                 ‘‘(aa) for which an entity created in or or-          calling for an end to arbitrary deten-                 dling a surge of claims that would represent
                                               ganized under the laws of the People’s Re-                                                                     a twentyfold increase in claims from Janu-
                                                                                                       tion, torture, and harassment of these                 ary 2020 levels, occurring over a one-month
                                               public of China or the Special Administra-
                                                                                                       communities inside and outside China;                  period.
                                               tive Region of Hong Kong, or that has sig-
                                               nificant operations in the People’s Republic            which was ordered to lie on the table;                    ‘‘(B) The system shall be capable of—
                                               of China or the Special Administrative Re-              as follows:                                               ‘‘(i) adjusting wage replacement levels for
                                               gion of Hong Kong, owns or holds, directly or             At the appropriate place, insert the fol-            individuals receiving unemployment com-
                                               indirectly, not less than 20 percent of the             lowing:                                                pensation;
                                               economic interest of the business concern or            SEC. ll. BUSINESSES EMPLOYING ESSENTIAL                   ‘‘(ii) adjusting weekly earnings disregards,
                                               entity, including as equity shares or a cap-                       CRITICAL INFRASTRUCTURE WORK-               including the ability to adjust such dis-
                                               ital or profit interest in a limited liability                     ERS.                                        regards in relation to an individual’s earn-
                                               company or partnership; or                                (a) IN GENERAL.—Section 7(a)(36)(D)(iii) of          ings or weekly benefit amount; and
                                                 ‘‘(bb) that retains, as a member of the               the     Small    Business    Act   (15   U.S.C.           ‘‘(iii) providing for wage replacement lev-
                                               board of directors of the business concern, a           636(a)(36)(D)(iii) is amended—                         els that vary based on the duration of benefit
                                               person who is a resident of the People’s Re-              (1) by striking ‘‘During’’ and inserting the         receipt.
                                               public of China;’’.                                     following:                                                ‘‘(C) The system shall have in place an
                                                                                                         ‘‘(I) IN GENERAL.—During’’; and                      automated process for receiving and proc-
                                                 SA 2606. Mrs. LOEFFLER submitted                        (2) by adding at the end the following:              essing claims for disaster unemployment as-
                                               an amendment intended to be proposed                      ‘‘(II) BUSINESS CONCERNS EMPLOYING ESSEN-            sistance under section 410(a) of the Robert T.
                                                                                                       TIAL CRITICAL INFRASTRUCTURE WORKERS.—                 Stafford Disaster Relief and Emergency As-
                                               to amendment SA 2499 proposed by Mr.
                                                                                                         ‘‘(aa) DEFINITION.—In this subclause, the            sistance Act (42 U.S.C. 5177(a)), with flexi-
                                               MCCONNELL to the bill S. 178, to con-                   term ‘critical infrastructure business con-            bility to adapt rules regarding individuals el-
                                               demn gross human rights violations of                   cern’ means a business concern that—                   igible for assistance and the amount payable.
                                               ethnic Turkic Muslims in Xinjiang, and                    ‘‘(AA) employs 1 or more essential critical             ‘‘(D) In the case of a State that makes pay-
                                               calling for an end to arbitrary deten-                  infrastructure workers (as defined in guid-            ments of short-time compensation under a
                                               tion, torture, and harassment of these                  ance from the Secretary of Homeland Secu-              short-time compensation program (as de-
                                               communities inside and outside China;                   rity);                                                 fined in section 3306(v) of the Internal Rev-
                                               which was ordered to lie on the table;                    ‘‘(BB) employs not more than 500 employ-             enue Code of 1986), the system shall have in
                                                                                                       ees per physical location of the business con-         place an automated process of receiving and
                                               as follows:
                                                                                                       cern; and                                              processing claims for short-time compensa-
                                                 At the appropriate place, insert the fol-               ‘‘(CC) has operations that, if organized as a        tion.
                                               lowing:                                                 separate business entity, would be assigned a             ‘‘(E) The system shall have in place an
                                               SEC. lll. ADDITIONAL ELIGIBLE EXPENSES.                 North American Industry Classification Sys-            automated process for receiving and proc-
                                                 (a) ALLOWABLE USE OF PPP LOAN.—Section                tem code beginning with 72 at the time of              essing claims for—
                                               7(a)(36)(F)(i) of the Small Business Act (15            the disbursal.                                            ‘‘(i) unemployment compensation for Fed-
                                               U.S.C. 636(a)(36)(F)(i)) is amended—                      ‘‘(bb) ELIGIBILITY.—During the covered pe-           eral civilian employees under subchapter I of
                                                 (1) in subclause (VI), by striking ‘‘and’’ at         riod, any critical infrastructure business             chapter 85 of title 5, United States Code;
                                               the end;                                                concern shall be eligible to receive a covered            ‘‘(ii) unemployment compensation for ex-
                                                 (2) in subclause (VII), by striking the pe-           loan.                                                  servicemembers under subchapter II of chap-




SSpencer on DSK126QN23PROD with SENATE
                                               riod at the end and inserting ‘‘; and’’; and              ‘‘(cc) APPLICATION OF LOAN AND FORGIVE-              ter 85 of title 5, United States Code; and
                                                 (3) by adding at the end the following:               NESS REQUIREMENTS.—For purposes of deter-                 ‘‘(iii) trade readjustment allowances under
                                                 ‘‘(VIII) covered operations expenditures, as          mining the loan amount and applying all                sections 231 through 233 of the Trade Act of
                                               defined in section 1106(a) of the CARES Act             other requirements and terms under this                1974 (19 U.S.C. 2291–2293).’’.
                                               (15 U.S.C. 9005(a)).’’.                                 paragraph or section 1106 of the CARES Act                (2) EFFECTIVE DATE.—The amendment
                                                 (b) LOAN FORGIVENESS.—Section 1106 of the             (15 U.S.C. 9005) with respect to a critical in-        made by paragraph (1) shall apply to weeks
                                               CARES Act (15 U.S.C. 9005) is amended—                  frastructure business concern, the eligible            of unemployment beginning on or after the
                                                 (1) in subsection (a)—                                recipient of the covered loan shall be that            earlier of—




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                                               S5304                                             CONGRESSIONAL RECORD — SENATE                                                        August 6, 2020
                                                 (A) the date the State changes its statutes,            ‘‘(o) USE OF UNEMPLOYMENT CLAIMS DATA                ferred to as ‘the Federal Unemployment Tax
                                               regulations, or policies in order to comply             TO PREVENT AND DETECT FRAUD.—The Inspec-               Act’), the Secretary of Labor may—
                                               with such amendment; or                                 tor General of the Department of Labor                   ‘‘(A) consistent with subsection (a)(1), es-
                                                 (B) October 1, 2023.                                  shall, for the purpose of identifying and in-          tablish measures of State performance, in-
                                                 (b) ELECTRONIC TRANSMISSION OF UNEM-                  vestigating fraud in unemployment com-                 cluding criteria for acceptable levels of per-
                                               PLOYMENT COMPENSATION INFORMATION.—Sec-                 pensation programs, have direct access to              formance, performance goals, and perform-
                                               tion 303 of the Social Security Act (42 U.S.C.          each of the following systems:                         ance measurement programs;
                                               503) is amended by adding at the end the fol-             ‘‘(1) The system designated by the Sec-                ‘‘(B) consistent with subsection (a)(6), re-
                                               lowing new subsection:                                  retary of Labor for the electronic trans-              quire States to provide to the Secretary of
                                                 ‘‘(n) ELECTRONIC TRANSMISSION OF UNEM-                mission of requests for information relating           Labor data or other relevant information
                                               PLOYMENT COMPENSATION INFORMATION.—                     to interstate claims for unemployment com-             from time to time concerning the operations
                                                 ‘‘(1) IN GENERAL.—Not later than October 1,           pensation.                                             of the State or State performance, including
                                               2022, the State agency charged with adminis-              ‘‘(2) The system designated by the Sec-              the measures, criteria, goals, or programs es-
                                               tration of the State law shall use a system             retary of Labor for cross-matching claimants           tablished under paragraph (1);
                                               developed (in consultation with stake-                  of unemployment compensation under State                 ‘‘(C) require States with sustained failure
                                               holders) and designated by the Secretary of             law against databases to prevent and detect            to meet acceptable levels of performance or
                                               Labor for automated electronic transmission             fraud and improper payments (as referred to            with performance that is substantially below
                                               of requests for information relating to unem-           in subsection (a)(14).’’.                              acceptable standards, as determined based on
                                                                                                         (e) USE OF NATIONAL DIRECTORY OF NEW                 the measures, criteria, goals, or programs es-
                                               ployment compensation and the provision of
                                                                                                       HIRES IN ADMINISTRATION OF UNEMPLOYMENT                tablished under subparagraph (A), to imple-
                                               such information between such agency and
                                                                                                       COMPENSATION PROGRAMS AND PENALTIES ON                 ment specific corrective actions and use
                                               employers or their agents.
                                                                                                       NONCOMPLYING EMPLOYERS.—                               specified amounts of the administrative
                                                 ‘‘(2) USE OF APPROPRIATED FUNDS.—The
                                                                                                         (1) IN GENERAL.—Section 303 of the Social            grants under this title provided to such
                                               Secretary of Labor may use funds appro-
                                                                                                       Security Act (42 U.S.C. 503), as amended by            States to improve performance; and
                                               priated for grants to States under this title
                                                                                                       subsections (b) and (d), is amended by adding            ‘‘(D) based on the data and other informa-
                                               to make payments on behalf of States as the
                                                                                                       at the end the following new subsection:               tion provided under subparagraph (B)—
                                               Secretary determines is appropriate for the               ‘‘(p) USE OF NATIONAL DIRECTORY OF NEW
                                               use of the system described in paragraph (1).                                                                    ‘‘(i) to the extent the Secretary of Labor
                                                                                                       HIRES.—
                                                 ‘‘(3) EMPLOYER PARTICIPATION.—- The Sec-                                                                     determines funds are available after pro-
                                                                                                         ‘‘(1) IN GENERAL.—Not later than October 1,
                                               retary of Labor shall work with the State                                                                      viding grants to States under this title for
                                                                                                       2022, the State agency charged with adminis-
                                               agency charged with administration of the                                                                      the administration of State laws, recognize
                                                                                                       tration of the State law shall—
                                               State law to increase the number of employ-                                                                    and make awards to States for performance
                                                                                                         ‘‘(A) compare information in the National
                                               ers using this system and to resolve any                                                                       improvement, or performance exceeding the
                                                                                                       Directory of New Hires established under
                                               technical challenges with the system.                                                                          criteria or meeting the goals established
                                                                                                       section 453(i) against information about indi-
                                                 ‘‘(4) REPORTS ON USE OF ELECTRONIC SYS-                                                                      under subparagraph (A); or
                                                                                                       viduals claiming unemployment compensa-
                                               TEM.—After the end of each fiscal year, on a                                                                     ‘‘(ii) to the extent the Secretary of Labor
                                                                                                       tion to identify any such individuals who
                                               date determined by the Secretary, each                                                                         determines funds are available after pro-
                                                                                                       may have become employed, in accordance
                                               State shall report to the Secretary informa-                                                                   viding grants to States under this title for
                                                                                                       with any regulations or guidance that the
                                               tion on—                                                                                                       the administration of State laws, provide in-
                                                                                                       Secretary of Health and Human Services
                                                 ‘‘(A) the proportion of employers using the                                                                  centive funds to high-performing States
                                                                                                       may issue and consistent with the computer
                                               designated system described in paragraph (1);                                                                  based on the measures, criteria, goals, or
                                                                                                       matching provisions of the Privacy Act of
                                                 ‘‘(B) the reasons employers are not using                                                                    programs established under subparagraph
                                                                                                       1974;
                                               such system; and                                                                                               (A).
                                                                                                         ‘‘(B) take timely action to verify whether
                                                 ‘‘(C) the efforts the State is undertaking to                                                                  ‘‘(2) ENFORCEMENT.—Whenever the Sec-
                                                                                                       the individuals identified pursuant to sub-
                                               increase employer’s use of such system.                                                                        retary of Labor, after reasonable notice and
                                                                                                       paragraph (A) are employed; and
                                                 ‘‘(5) ENFORCEMENT.—Whenever the Sec-                                                                         opportunity for hearing to the State agency
                                                                                                         ‘‘(C) upon verification pursuant to subpara-
                                               retary of Labor, after reasonable notice and                                                                   charged with the administration of the State
                                                                                                       graph (B), take appropriate action to sus-
                                               opportunity for hearing to the State agency                                                                    law, finds that there is a failure to comply
                                                                                                       pend or modify unemployment compensation
                                               charged with the administration of the State                                                                   substantially with the requirements of para-
                                                                                                       payments, and to initiate recovery of any
                                               law, finds that there is a failure to comply                                                                   graph (1), the Secretary of Labor shall notify
                                                                                                       improper unemployment compensation pay-
                                               substantially with the requirements of para-                                                                   such State agency that further payments
                                                                                                       ments that have been made.
                                               graph (1), the Secretary of Labor shall notify                                                                 will not be made to the State until the Sec-
                                                                                                         ‘‘(2) ENFORCEMENT.—Whenever the Sec-
                                               such State agency that further payments                                                                        retary of Labor is satisfied that there is no
                                                                                                       retary of Labor, after reasonable notice and
                                               will not be made to the State until the Sec-                                                                   longer any such failure. Until the Secretary
                                                                                                       opportunity for hearing to the State agency
                                               retary of Labor is satisfied that there is no                                                                  of Labor is so satisfied, such Secretary shall
                                                                                                       charged with the administration of the State
                                               longer any such failure. Until the Secretary                                                                   make no future certification to the Sec-
                                                                                                       law, finds that there is a failure to comply
                                               of Labor is so satisfied, such Secretary shall                                                                 retary of the Treasury with respect to the
                                                                                                       substantially with the requirements of para-
                                               make no future certification to the Sec-                                                                       State.’’.
                                                                                                       graph (1), the Secretary of Labor shall notify
                                               retary of the Treasury with respect to the                                                                       (2) EFFECTIVE DATE.—The amendments
                                                                                                       such State agency that further payments
                                               State.’’.                                                                                                      made by this subsection shall take effect on
                                                                                                       will not be made to the State until the Sec-
                                                 (c) UNEMPLOYMENT COMPENSATION INTEG-                                                                         the date of enactment of this Act.
                                                                                                       retary of Labor is satisfied that there is no
                                               RITY DATA HUB.—                                         longer any such failure. Until the Secretary             (g) FUNDING.—Out of any money in the
                                                 (1) IN GENERAL.—Section 303(a) of the So-             of Labor is so satisfied, such Secretary shall         Treasury of the United States not otherwise
                                               cial Security Act (42 U.S.C. 503(a)), as                make no future certification to the Sec-               appropriated, there are appropriated to the
                                               amended by subsection (a), is amended by                retary of the Treasury with respect to the             Secretary of Labor $2,000,000,000 to assist
                                               adding at the end the following new para-               State.’’.                                              States in carrying out the amendments made
                                               graph:                                                    (2) PENALTIES.—                                      by this section, which may include regional
                                                 ‘‘(14) The State agency charged with ad-                (A) IN GENERAL.—Section 453A(d) of the So-           or multi-State efforts. Amounts appro-
                                               ministration of the State law shall use the             cial Security Act (42 U.S.C. 653a(d)), in the          priated under the preceding sentence shall
                                               system designated by the Secretary of Labor             matter preceding paragraph (1), is amended             remain available until expended.
                                               for cross-matching claimants of unemploy-               by striking ‘‘have the option to set a State
                                               ment compensation under State law against               civil money penalty which shall not exceed’’             SA 2609. Mrs. GILLIBRAND sub-
                                               any databases in the system to prevent and              and inserting ‘‘set a State civil money pen-           mitted an amendment intended to be
                                               detect fraud and improper payments.’’.                  alty which shall be no less than’’.                    proposed to amendment SA 2499 pro-
                                                 (2) EFFECTIVE DATE.—The amendment                       (B) EFFECTIVE DATE.—The amendment                    posed by Mr. MCCONNELL to the bill S.
                                               made by paragraph (1) shall apply to weeks              made by subparagraph (A) shall apply to pen-
                                               of unemployment beginning on or after the                                                                      178, to condemn gross human rights
                                                                                                       alties assessed on or after October 1, 2022.
                                               earlier of—                                               (f) STATE PERFORMANCE.—
                                                                                                                                                              violations of ethnic Turkic Muslims in
                                                 (A) the date the State changes its statutes,            (1) IN GENERAL.—Section 303 of the Social            Xinjiang, and calling for an end to ar-
                                               regulations, or policies in order to comply             Security Act (42 U.S.C. 503), as amended by            bitrary detention, torture, and harass-




SSpencer on DSK126QN23PROD with SENATE
                                               with such amendment; or                                 subsections (b), (d), and (e), is amended by           ment of these communities inside and
                                                 (B) October 1, 2022.                                  adding at the end the following new sub-               outside China; which was ordered to lie
                                                 (d) REDUCING STATE BURDEN IN PROVIDING                section:                                               on the table; as follows:
                                               DATA TO PREVENT AND DETECT FRAUD.—Sec-                    ‘‘(q) STATE PERFORMANCE.—
                                               tion 303 of the Social Security Act (42 U.S.C.            ‘‘(1) IN GENERAL.—For purposes of assisting            At the appropriate place, insert the fol-
                                               503), as amended by subsection (b), is amend-           States in meeting the requirements of this             lowing:
                                               ed by adding at the end the following new               title, title IX, title XII, or chapter 23 of the       SEC. ll. DIRECT FARM LOAN FORGIVENESS.
                                               subsection:                                             Internal Revenue Code of 1986 (commonly re-              (a) DEFINITIONS.—In this section:




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5305
                                                 (1) ELIGIBLE BORROWER.—The term ‘‘eligi-              SEC. lll. INCREASED ABILITY FOR PAYCHECK                 SA 2612. Mr. WICKER submitted an
                                               ble borrower’’ means a borrower of an eligi-                       PROTECTION       PROGRAM  BOR-
                                                                                                                  ROWERS TO REQUEST AN INCREASE
                                                                                                                                                              amendment intended to be proposed to
                                               ble loan that is actively engaged in farming                                                                   amendment SA 2499 proposed by Mr.
                                                                                                                  IN LOAN AMOUNT DUE TO UPDATED
                                               (within the meaning of section 1001A of the                        REGULATIONS.                                MCCONNELL to the bill S. 178, to con-
                                               Food Security Act of 1985 (7 U.S.C. 1308–1))              (a) DEFINITIONS.—In this section—
                                               with respect to a farming operation—                                                                           demn gross human rights violations of
                                                                                                         (1) the term ‘‘Administration’’ means the            ethnic Turkic Muslims in Xinjiang, and
                                                 (A) for which the eligible loan was made;             Small Business Administration; and
                                               and                                                                                                            calling for an end to arbitrary deten-
                                                                                                         (2) the terms ‘‘covered loan’’ and ‘‘eligible
                                                 (B) the average annual adjusted gross in-             recipient’’ have the meanings given those
                                                                                                                                                              tion, torture, and harassment of these
                                               come for the previous 5-year period of which            terms in section 7(a)(36) of the Small Busi-           communities inside and outside China;
                                               is not more than $300,000.                              ness Act (15 U.S.C. 636(a)(36)).                       which was ordered to lie on the table;
                                                 (2) ELIGIBLE LOAN.—The term ‘‘eligible                  (b) INCREASED AMOUNT.—Notwithstanding                as follows:
                                               loan’’ means a loan made before March 19,               the interim final rule issued by the Adminis-            At the appropriate place, insert the fol-
                                               2020, that is—                                          tration entitled ‘‘Business Loan Program               lowing:
                                                 (A) a direct farm ownership loan under                Temporary Changes; Paycheck Protection                 SEC. ll. INCLUSION OF CRITICAL CARE HOS-
                                               subtitle A of the Consolidated Farm and                 Program—Loan Increases’’ (85 Fed. Reg.                            PITALS IN THE PAYCHECK PROTEC-
                                               Rural Development Act (7 U.S.C. 1922 et                 29842 (May 19, 2020)), an eligible recipient of                   TION PROGRAM.
                                               seq.);                                                  a covered loan that is eligible for an in-               (a) ELIGIBILITY OF HOSPITALS WITH MORE
                                                 (B) a direct operating loan under subtitle B          creased covered loan amount as a result of             THAN ONE PHYSICAL LOCATION.—Section
                                               of the Consolidated Farm and Rural Develop-             any interim final rule that allows for cov-            7(a)(36)(D)(iii) of the Small Business Act (15
                                               ment Act (7 U.S.C. 1941 et seq.); or                    ered loan increases may submit a request for           U.S.C. 636(a)(36)(D)(iii)) is amended by strik-
                                                 (C) an emergency loan under subtitle C of             an increase in the covered loan amount even            ing ‘‘beginning with 72’’ and inserting the
                                               the Consolidated Farm and Rural Develop-                if—                                                    following: ‘‘beginning with 72 (or, in the case
                                               ment Act (7 U.S.C. 1961 et seq.).                         (1) the initial covered loan amount has              of a critical care hospital, is assigned a
                                                 (3) SECRETARY.—The term ‘‘Secretary’’                 been fully disbursed; or                               North American Industry Classification Sys-
                                               means the Secretary of Agriculture.                       (2) the lender of the initial covered loan           tem code beginning with 62)’’.
                                                 (b) LOAN FORGIVENESS.—                                has submitted to the Administration a Form               (b) WAIVER OF AFFILIATION RULES.—Sec-
                                                 (1) IN GENERAL.—Not later than 1 year after           1502 report related to the covered loan.               tion 7(a)(36)(D)(iv)(I) of the Small Business
                                               the date on which the Secretary receives an                                                                    Act (15 U.S.C. 636(a)(36)(D)(iv)(I)) is amended
                                               application under paragraph (2), subject to               SA 2611. Mr. WICKER submitted an                     by striking ‘‘beginning with 72’’ and insert-
                                               paragraphs (3) and (4), the Secretary shall             amendment intended to be proposed by                   ing the following: ‘‘beginning with 72 (or, in
                                               cancel the obligation to repay the balance of           him to the bill S. 178, to condemn gross               the case of a critical care hospital, is as-
                                               principal and interest due as of the date of            human rights violations of ethnic                      signed a North American Industry Classifica-
                                               enactment of this Act on an eligible loan for           Turkic Muslims in Xinjiang, and call-                  tion System code beginning with 62)’’.
                                               the eligible borrower.                                  ing for an end to arbitrary detention,                   (c) CRITICAL CARE HOSPITALS DEFINED.—
                                                 (2) APPLICATIONS.—To be eligible for can-             torture, and harassment of these com-                  Section 7(a)(36)(D) of the Small Business Act
                                               cellation under paragraph (1), not later than                                                                  (15 U.S.C. 636(a)(36)(D)) is amended by adding
                                                                                                       munities inside and outside China;
                                               1 year after the date of enactment of this                                                                     at the end the following:
                                                                                                       which was ordered to lie on the table;                   ‘‘(vii) CRITICAL CARE HOSPITAL DEFINED.—In
                                               Act, an eligible borrower shall submit to the
                                               Secretary an application, which shall cover
                                                                                                       as follows:                                            this subparagraph, the term ‘critical care
                                               all eligible loans for which the eligible bor-            At the appropriate place, insert the fol-            hospital’ means—
                                               rower is seeking cancellation.                          lowing:                                                  ‘‘(I) a hospital (as defined in section 1861(e)
                                                 (3) LIMITATIONS.—The total amount can-                SEC. ll. INCLUSION OF CRITICAL CARE HOS-               of the Social Security Act (42 U.S.C.
                                                                                                                  PITALS IN THE PAYCHECK PROTEC-              1395x(e))) that—
                                               celled under paragraph (1) with respect to a                       TION PROGRAM.
                                               farming operation shall be not more than                                                                         ‘‘(aa) is located in a county (or equivalent
                                                                                                         (a) ELIGIBILITY OF HOSPITALS WITH MORE               unit of local government) in a rural area, as
                                               $250,000.                                               THAN ONE PHYSICAL LOCATION.—Section
                                                 (4) CONDITION.—The cancellation of an obli-                                                                  defined in section 1886(d)(2)(D) of such Act (42
                                                                                                       7(a)(36)(D)(iii) of the Small Business Act (15         U.S.C. 1395ww(d)(2)(D));
                                               gation under paragraph (1) shall be subject             U.S.C. 636(a)(36)(D)(iii)) is amended by strik-
                                               to the condition that the applicable eligible                                                                    ‘‘(bb) is treated as being located in a rural
                                                                                                       ing ‘‘beginning with 72’’ and inserting the
                                               borrower shall continue to be actively en-                                                                     area pursuant to section 1886(d)(8)(E) of such
                                                                                                       following: ‘‘beginning with 72 (or, in the case
                                               gaged in farming (within the meaning of sec-                                                                   Act (42 U.S.C. 1395ww(d)(8)(E)); or
                                                                                                       of a critical care hospital, is assigned a
                                               tion 1001A of the Food Security Act of 1985 (7                                                                   ‘‘(cc) for the most recent cost reporting pe-
                                                                                                       North American Industry Classification Sys-
                                               U.S.C. 1308–1)) for the 2-year period begin-                                                                   riod under section 1886(d) of such Act (42
                                                                                                       tem code beginning with 62)’’.
                                               ning on the date on which the Secretary can-              (b) WAIVER OF AFFILIATION RULES.—Sec-                U.S.C. 1395ww(d)), received an additional
                                               cels the obligation under that paragraph.               tion 7(a)(36)(D)(iv)(I) of the Small Business          payment under section 1886(d)(5)(F) of such
                                                                                                       Act (15 U.S.C. 636(a)(36)(D)(iv)(I)) is amended        Act (42 U.S.C. 1395ww(d)(5)(F)); and
                                                 (c) EFFECT.—An eligible borrower that re-
                                                                                                       by striking ‘‘beginning with 72’’ and insert-            ‘‘(II) a nonprofit or public critical access
                                               ceives cancellation of an obligation with re-
                                                                                                       ing the following: ‘‘beginning with 72 (or, in         hospital, as defined in section 1861(mm)(1) of
                                               spect to an eligible loan under subsection
                                                                                                       the case of a critical care hospital, is as-           the     Social    Security    Act   (42   U.S.C.
                                               (b)(1) shall not be determined to be ineligible
                                                                                                       signed a North American Industry Classifica-           1395x(mm)(1)).’’.
                                               for any loan under subtitle A, B, or C of the
                                               Consolidated Farm and Rural Development                 tion System code beginning with 62)’’.
                                                                                                         (c) CRITICAL CARE HOSPITALS DEFINED.—                  SA 2613. Mr. ENZI (for himself and
                                               Act (7 U.S.C. 1922 et seq.) because of that
                                               cancellation.                                           Section 7(a)(36)(D) of the Small Business Act          Ms. HASSAN) submitted an amendment
                                                                                                       (15 U.S.C. 636(a)(36)(D)) is amended by adding         intended to be proposed to amendment
                                                 (d) TAXABILITY.—For purposes of the Inter-
                                               nal Revenue Code of 1986, any amount which
                                                                                                       at the end the following:                              SA 2499 proposed by Mr. MCCONNELL to
                                                                                                         ‘‘(vii) CRITICAL CARE HOSPITAL DEFINED.—In           the bill S. 178, to condemn gross human
                                               (but for this subsection) would be includible
                                                                                                       this subparagraph, the term ‘critical care             rights violations of ethnic Turkic Mus-
                                               in gross income of the eligible borrower by
                                                                                                       hospital’ means—                                       lims in Xinjiang, and calling for an end
                                               reason of forgiveness described in subsection
                                                                                                         ‘‘(I) a hospital (as defined in section 1861(e)
                                               (b) shall be excluded from gross income.
                                                                                                       of the Social Security Act (42 U.S.C.
                                                                                                                                                              to arbitrary detention, torture, and
                                                                                                       1395x(e))) that—                                       harassment of these communities in-
                                                 SA 2610. Mr. SULLIVAN (for himself                      ‘‘(aa) is located in a county (or equivalent         side and outside China; which was or-
                                               and Ms. MURKOWSKI) submitted an                         unit of local government) in a rural area, as          dered to lie on the table; as follows:
                                               amendment intended to be proposed to                    defined in section 1886(d)(2)(D) of such Act (42         At the appropriate place, insert the fol-
                                                                                                       U.S.C. 1395ww(d)(2)(D));                               lowing:
                                               amendment SA 2499 proposed by Mr.
                                                                                                         ‘‘(bb) is treated as being located in a rural        SEC. ll. AUTHORITY TO DESTROY COUNTER-
                                               MCCONNELL to the bill S. 178, to con-                   area pursuant to section 1886(d)(8)(E) of such                    FEIT DEVICES.
                                               demn gross human rights violations of                   Act (42 U.S.C. 1395ww(d)(8)(E)); or                      (a) IN GENERAL.—Section 801(a) of the Fed-
                                               ethnic Turkic Muslims in Xinjiang, and                    ‘‘(cc) for the most recent cost reporting pe-        eral Food, Drug, and Cosmetic Act (21 U.S.C.




SSpencer on DSK126QN23PROD with SENATE
                                               calling for an end to arbitrary deten-                  riod under section 1886(d) of such Act (42             381(a)) is amended—
                                               tion, torture, and harassment of these                  U.S.C. 1395ww(d)), received an additional                (1) in the fourth sentence, by inserting ‘‘or
                                               communities inside and outside China;                   payment under section 1886(d)(5)(F) of such            counterfeit device’’ after ‘‘counterfeit drug’’;
                                               which was ordered to lie on the table;                  Act (42 U.S.C. 1395ww(d)(5)(F)); and                   and
                                                                                                         ‘‘(II) a nonprofit or public critical access           (2) by striking ‘‘The Secretary of the
                                               as follows:
                                                                                                       hospital, as defined in section 1861(mm)(1) of         Treasury shall cause the destruction of’’ and
                                                 At the appropriate place, insert the fol-             the     Social    Security    Act   (42   U.S.C.       all that follows through ‘‘liable for costs pur-
                                               lowing:                                                 1395x(mm)(1)).’’.                                      suant to subsection (c).’’ and inserting the




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                                               S5306                                             CONGRESSIONAL RECORD — SENATE                                                           August 6, 2020
                                               following: ‘‘The Secretary of the Treasury              SEC.    ll.   PRICE TRANSPARENCY REQUIRE-               gotiated rates that allow for comparison be-
                                               shall cause the destruction of any such arti-                         MENTS.                                    tween providers and across plans, and related
                                               cle refused admission unless such article is                 (a) HOSPITALS.—Section 2718(e) of the Pub-         to a patient’s specific plan, including after
                                               exported, under regulations prescribed by               lic Health Service Act (42 U.S.C. § 300gg–              an enrollee has exceeded their deductible re-
                                               the Secretary of the Treasury, within 90 days           18(e)) is amended—                                      sponsibility.’’; and
                                               of the date of notice of such refusal or within            (1) by striking ‘‘Each hospital’’ and insert-          (4) in subparagraph (D) by striking ‘‘sub-
                                               such additional time as may be permitted                ing the following:                                      paragraph (A)’’ and inserting ‘‘subparagraphs
                                               pursuant to such regulations, except that the              ‘‘(1) IN GENERAL.—Each hospital’’;                   (A), (B), and (C)’’.
                                               Secretary of Health and Human Services                     (2) by inserting ‘‘, in a machine-readable
                                               may destroy, without the opportunity for ex-            format, via open application program inter-               SA 2615. Mr. ENZI submitted an
                                               port, any drug or device refused admission              faces (APIs)’’ after ‘‘a list’’;
                                                                                                                                                               amendment intended to be proposed to
                                               under this section, if such drug or device is              (3) by inserting ‘‘, along with such addi-
                                                                                                       tional information as the Secretary may re-             amendment SA 2499 proposed by Mr.
                                               valued at an amount that is $2,500 or less (or                                                                  MCCONNELL to the bill S. 178, to con-
                                               such higher amount as the Secretary of the              quire with respect to such charges for pur-
                                                                                                       poses of promoting public awareness of hos-             demn gross human rights violations of
                                               Treasury may set by regulation pursuant to
                                               section 498(a)(1) of the Tariff Act of 1930 (19         pital pricing in advance of receiving a hos-            ethnic Turkic Muslims in Xinjiang, and
                                                                                                       pital item or service’’ before the period; and          calling for an end to arbitrary deten-
                                               U.S.C. 1498(a)(1))) and was not brought into
                                                                                                          (4) by adding at the end the following:              tion, torture, and harassment of these
                                               compliance as described under subsection
                                                                                                          ‘‘(2) DEFINITION OF STANDARD CHARGES.—               communities inside and outside China;
                                               (b). The Secretary of Health and Human
                                                                                                       Notwithstanding any other provision of law,
                                               Services shall issue regulations providing for                                                                  which was ordered to lie on the table;
                                                                                                       for purposes of paragraph (1), the term
                                               notice and an opportunity to appear before                                                                      as follows:
                                                                                                       ‘standard charges’ means the rates hospitals,
                                               the Secretary of Health and Human Services                                                                        At the appropriate place, insert the fol-
                                                                                                       including providers or entities that contract
                                               and introduce testimony, as described in the                                                                    lowing:
                                                                                                       with or practice at a hospital, charge for all
                                               first sentence of this subsection, on destruc-
                                                                                                       items      and   services    at  a    minimum,          SEC. ll. IMPROVEMENTS TO THE MEDICARE
                                               tion of a drug or device under the seventh
                                                                                                       chargemaster rates, rates that hospitals ne-                       HOSPITAL ACCELERATED AND AD-
                                               sentence of this subsection. The regulations            gotiate with third party payers across all                         VANCE PAYMENTS PROGRAMS DUR-
                                               shall provide that prior to destruction, ap-            plans, including those related to a patient’s                      ING THE COVID–19 PUBLIC HEALTH
                                               propriate due process is available to the               specific plan, discounted cash prices, and                         EMERGENCY.
                                               owner or consignee seeking to challenge the             other rates determined by the Secretary.                  (a) PART A.—
                                               decision to destroy the drug or device. Where              ‘‘(3) ENFORCEMENT.—In addition to any                  (1)     REPAYMENT      PERIODS.—Section
                                               the Secretary of Health and Human Services              other enforcement actions or penalties that             1815(f)(2)(C) of the Social Security Act (42
                                               provides notice and an opportunity to appear            may apply under subsection (b)(3) or another            U.S.C. 1395g(f)(2)(C)) is amended—
                                               and introduce testimony on the destruction              provision of law, a hospital that fails to pro-           (A) in clause (i), by striking ‘‘120 days’’ and
                                               of a drug or device, the Secretary of Health            vide the information required by this sub-              inserting ‘‘270 days’’; and
                                               and Human Services shall store and, as ap-              section and has not completed a corrective                (B) in clause (ii), by striking ‘‘12 months’’
                                               plicable, dispose of the drug or device after           action plan to comply with the requirements             and inserting ‘‘18 months’’.
                                               the issuance of the notice, except that the             of such subsection shall be subject to a civil            (2) AUTHORITY FOR DISCRETION.—Section
                                               owner and consignee shall remain liable for             monetary penalty of an amount not to ex-                1815(f)(2)(A)(ii) of the Social Security Act (42
                                               costs pursuant to subsection (c).’’.                    ceed $300 per day that the violation is ongo-           U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert-
                                                 (b) DEFINITION.—Section 201(h) of the Fed-                                                                    ing ‘‘(or, with respect to requests submitted
                                                                                                       ing as determined by the Secretary. Such
                                               eral Food, Drug, and Cosmetic Act (21 U.S.C.                                                                    to the Secretary on or after July 9, 2020,
                                                                                                       penalty shall be imposed and collected in the
                                               321(h)) is amended—                                                                                             may)’’after ‘‘shall.’’.
                                                                                                       same manner as civil money penalties under
                                                 (1) by redesignating subparagraphs (1), (2),                                                                    (b) PART B.—In carrying out the advance
                                                                                                       subsection (a) of section 1128A of the Social
                                               and (3) as clauses (A), (B), and (C), respec-                                                                   payments program described in section
                                                                                                       Security Act are imposed and collected.’’.
                                               tively; and                                                (b) TRANSPARENCY IN COVERAGE.—Section                421.214 of title 42, Code of Federal Regula-
                                                 (2) after making such redesignations—                 1311(e)(3) of the Patient Protection and Af-            tions (or a successor regulation), the Sec-
                                                 (A) by striking ‘‘(h) The term’’ and insert-          fordable Care Act (42 U.S.C. 18031(e)(3)) is            retary of Health and Human Services, in the
                                               ing ‘‘(h)(1) The term’’; and                            amended—                                                case of a payment made under such program
                                                 (B) by adding at the end the following:                  (1) in subparagraph (A)—                             during the emergency period described in
                                                 ‘‘(2) The term ‘counterfeit device’ means a              (A) in clause (vii), by inserting before the         section 1135(g)(1)(B) of the Social Security
                                               device which, or the container, packaging, or           period the following: ‘‘, including, for all            Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request
                                               labeling of which, without authorization,               items and services covered under the plan,              of the supplier receiving such payment,
                                               bears a trademark, trade name, or other                 aggregate information on specific payments              shall—
                                               identifying mark, imprint, or symbol, or any            the plan has made to out-of-network health                (1) provide up to 270 days before claims are
                                               likeness thereof, or is manufactured using a            care providers on behalf of plan enrollees’’;           offset to recoup the payment; and
                                               design, of a device manufacturer, packer, or            and                                                       (2) allow not less than 14 months from the
                                               distributor other than the person or persons               (B) by designating clause (ix) as clause (x);        date of the first advance payment before re-
                                               who in fact manufactured, packed, or distrib-           and                                                     quiring that the outstanding balance be paid
                                               uted such device and which thereby falsely                 (C) by inserting after clause (viii), the fol-       in full.
                                               purports or is represented to be the product            lowing:                                                   (c) EFFECTIVE DATE.—The amendments
                                               of, or to have been packed or distributed by,              ‘‘(ix) Information on the specific nego-             made by this section shall take effect as if
                                               such other device manufacturer, packer, or              tiated payment rates between the plan and               included     in    the    enactment     of    the
                                               distributor.                                            health care providers for all items and serv-           Coronavirus Aid, Relief, and Economic Secu-
                                                 ‘‘(3) For purposes of subparagraph (2)—                                                                       rity Act (Public Law 116–136).
                                                                                                       ices covered under the plan.’’;
                                                 ‘‘(A) the term ‘manufactured’ refers to any                                                                     (d)      IMPLEMENTATION.—Notwithstanding
                                                                                                          (2) in subparagraph (B)—
                                               of the following activities: manufacture,                                                                       any other provision of law, the Secretary of
                                                                                                          (A) in the heading, by striking ‘‘USE’’ and
                                               preparation, propagation, compounding, as-                                                                      Health and Human Services may implement
                                                                                                       inserting ‘‘DELIVERY METHODS AND USE’’;
                                               sembly, or processing; and                                                                                      the provisions of, and the amendments made
                                                                                                          (B) by inserting ‘‘, as applicable,’’ after
                                                 ‘‘(B) the term ‘manufacturer’ means a per-                                                                    by, this section by program instruction or
                                                                                                       ‘‘English proficiency’’; and
                                               son who is engaged in any of the activities                                                                     otherwise.
                                                                                                          (C) by inserting after the second sentence,
                                               listed in clause (A).’’.                                                                                          (e) EMERGENCY DESIGNATION.—
                                                                                                       the following: ‘‘The Secretary shall establish
                                                                                                       standards for electronic delivery and access              (1) IN GENERAL.—The amounts provided by
                                                 SA 2614. Mr. BRAUN (for himself, Mr.                                                                          this section and the amendments made by
                                                                                                       to such information by individuals, free of
                                               GRASSLEY, and Mr. ENZI) submitted an                    charge, in machine readable format, through             this section are designated as an emergency
                                               amendment intended to be proposed to                    an internet website and via open APIs.’’;               requirement pursuant to section 4(g) of the
                                               amendment SA 2499 proposed by Mr.                          (3) in subparagraph (C)—                             Statutory Pay-As-You-Go Act of 2010 (2
                                               MCCONNELL to the bill S. 178, to con-                      (A) in the first sentence, by inserting ‘‘or         U.S.C. 933(g)).
                                               demn gross human rights violations of                   out-of-network provider’’ after ‘‘item or                 (2) DESIGNATION IN SENATE.—In the Senate,
                                               ethnic Turkic Muslims in Xinjiang, and                  service by a participating provider’’;                  this section and the amendments made by




SSpencer on DSK126QN23PROD with SENATE
                                                                                                          (B) in the second sentence, by striking              this section are designated as an emergency
                                               calling for an end to arbitrary deten-                                                                          requirement pursuant to section 4112(a) of H.
                                               tion, torture, and harassment of these                  ‘‘through an internet website’’ and inserting
                                                                                                       ‘‘free of charge, in machine readable format,           Con. Res. 71 (115th Congress), the concurrent
                                               communities inside and outside China;                   through an internet website, and via open               resolution on the budget for fiscal year 2018.
                                               which was ordered to lie on the table;                  APIs, in accordance with standards estab-
                                               as follows:                                             lished by the Secretary,’’; and                          SA 2616. Mr. WICKER (for himself,
                                                 At the appropriate place, insert the fol-                (C) by adding at the end the following:              Mr. BARRASSO, Mrs. CAPITO, Mr.
                                               lowing:                                                 ‘‘Such information shall include specific ne-           PERDUE, Mr. BOOZMAN, Mr. MORAN, and



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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5307
                                               Ms. MURKOWSKI) submitted an amend-                      percent or more of the net proceeds of which           tions issued after the date of enactment of
                                               ment intended to be proposed by him                     are to be used to finance or refinance prop-           this Act.
                                               to the bill S. 178, to condemn gross                    erty that meets the ownership test in section
                                                                                                       145(a)(1), as applied by substituting ‘95 per-           SA 2618. Mr. WICKER (for himself,
                                               human rights violations of ethnic                                                                              Mr. CASSIDY, Mr. SULLIVAN, Ms. CANT-
                                                                                                       cent of the property’ for ‘all property’, and
                                               Turkic Muslims in Xinjiang, and call-                     ‘‘(C) the issuer makes an irrevocable elec-          WELL, and Ms. MURKOWSKI) submitted
                                               ing for an end to arbitrary detention,                  tion to have this section apply.                       an amendment intended to be proposed
                                               torture, and harassment of these com-                     ‘‘(2) APPLICABLE RULES.—For purposes of              to amendment SA 2499 proposed by Mr.
                                               munities inside and outside China;                      applying paragraph (1)—                                MCCONNELL to the bill S. 178, to con-
                                               which was ordered to lie on the table;                    ‘‘(A) for purposes of section 149(b), a bond         demn gross human rights violations of
                                               as follows:                                             shall not be treated as federally guaranteed
                                                                                                       by reason of the credit allowed under this
                                                                                                                                                              ethnic Turkic Muslims in Xinjiang, and
                                                 At the appropriate place, insert the fol-                                                                    calling for an end to arbitrary deten-
                                                                                                       section, and
                                               lowing:                                                                                                        tion, torture, and harassment of these
                                                                                                         ‘‘(B) a bond shall not be treated as an
                                               SEC. lll. REINSTATEMENT OF ADVANCE RE-                                                                         communities inside and outside China;
                                                                                                       American infrastructure bond if the issue
                                                           FUNDING BONDS.
                                                                                                       price has more than a de minimis amount                which was ordered to lie on the table;
                                                 (a) IN GENERAL.—The amendments made by                (determined under rules similar to the rules           as follows:
                                               section 13532 of Public Law 115-97 are re-              of section 1273(a)(3)) of premium over the
                                               pealed and the provisions of law amended by                                                                      At the appropriate place, insert the fol-
                                                                                                       stated principal amount of the bond.                   lowing:
                                               such section are restored as if such section              ‘‘(d) SPECIAL RULES.—
                                               had never been enacted.                                                                                         TITLE llFISHERY RESOURCE DISASTER
                                                                                                         ‘‘(1) INTEREST ON AMERICAN INFRASTRUC-                                RELIEF
                                                 (b) EFFECTIVE DATE.—The repeal made by                TURE BONDS INCLUDIBLE IN GROSS INCOME FOR
                                               this section shall take effect on the date of                                                                  SEC. lll. SHORT TITLE.
                                                                                                       FEDERAL INCOME TAX PURPOSES.—For pur-
                                               enactment of this Act.                                  poses of this title, interest on any American            This title may be cited as the ‘‘Fishery
                                                                                                       infrastructure bond shall be includible in             Failures: Urgently Needed Disaster Declara-
                                                 SA 2617. Mr. WICKER submitted an                                                                             tions Act’’.
                                                                                                       gross income.
                                               amendment intended to be proposed to                                                                           SEC. lll. FISHERY RESOURCE DISASTER RE-
                                                                                                         ‘‘(2) APPLICATION OF ARBITRAGE RULES.—
                                                                                                                                                                        LIEF.
                                               amendment SA 2499 proposed by Mr.                       For purposes of section 148, the yield on an
                                                                                                                                                                Section 312(a) of the Magnuson-Stevens
                                               MCCONNELL to the bill S. 178, to con-                   issue of American infrastructure bonds shall
                                                                                                                                                              Fishery Conservation and Management Act
                                               demn gross human rights violations of                   be reduced by the credit allowed under this
                                                                                                                                                              (16 U.S.C. 1861a(a)) is amended to read as fol-
                                               ethnic Turkic Muslims in Xinjiang, and                  section, except that no such reduction shall
                                                                                                                                                              lows:
                                               calling for an end to arbitrary deten-                  apply with respect to determining the                    ‘‘(a) FISHERY RESOURCE DISASTER RELIEF.—
                                                                                                       amount of gross proceeds of an issue that                ‘‘(1) DEFINITIONS.—In this subsection:
                                               tion, torture, and harassment of these                  qualifies as a reasonably required reserve or
                                               communities inside and outside China;                                                                            ‘‘(A) ALLOWABLE CAUSE.—The term ‘allow-
                                                                                                       replacement fund.                                      able cause’ means a natural cause, discrete
                                               which was ordered to lie on the table;                    ‘‘(e) REGULATIONS.—The Secretary may
                                                                                                                                                              anthropogenic cause, or undetermined cause.
                                               as follows:                                             prescribe such regulations and other guid-
                                                                                                                                                                ‘‘(B) ANTHROPOGENIC CAUSE.—The term ‘an-
                                                 At the appropriate place, insert the fol-             ance as may be necessary or appropriate to
                                                                                                                                                              thropogenic cause’ means an anthropogenic
                                               lowing:                                                 carry out this section.’’.
                                                                                                         (b) CONFORMING AMENDMENTS.—                          event, such as an oil spill or spillway open-
                                               SEC. lll. CREDIT FOR AMERICAN INFRASTRUC-                                                                      ing—
                                                                                                         (1) The table of sections for subchapter B
                                                          TURE BONDS ALLOWED TO ISSUERS.                                                                        ‘‘(i) that could not have been addressed or
                                                                                                       of chapter 65 of subtitle F of the Internal
                                                 (a) IN GENERAL.—Subchapter B of chapter                                                                      prevented by fishery management measures;
                                                                                                       Revenue Code of 1986 is amended by adding
                                               65 of the Internal Revenue Code of 1986 is                                                                     and
                                                                                                       at the end the following new item:
                                               amended by inserting after section 6430 the                                                                      ‘‘(ii) that is otherwise beyond the control
                                               following new section:                                  ‘‘Sec. 6431. Credit to issuer of american in-
                                                                                                                                                              of fishery managers to mitigate through con-
                                                                                                                       frastructure bonds.’’.
                                               ‘‘SEC. 6431. CREDIT TO ISSUER OF AMERICAN IN-                                                                  servation and management measures, includ-
                                                             FRASTRUCTURE BONDS.
                                                                                                         (2) Subparagraph (A) of section 6211(b)(4) of
                                                                                                                                                              ing regulatory restrictions imposed as a re-
                                                                                                       such Code is amended by inserting ‘‘6431,’’
                                                  ‘‘(a) IN GENERAL.—The issuer of an Amer-                                                                    sult of judicial action or to protect human
                                                                                                       after ‘‘36B,’’.
                                               ican infrastructure bond shall be allowed a               (c) TRANSITIONAL COORDINATION WITH                   health or marine animals, plants, or habi-
                                               credit with respect to each interest payment            STATE LAW.—Except as otherwise provided                tats.
                                               under such bond which shall be payable by               by a State after the date of the enactment of            ‘‘(C) FISHERY RESOURCE DISASTER.—The
                                               the Secretary as provided in subsection (b).            this Act, the interest on any American infra-          term ‘fishery resource disaster’ means a dis-
                                                 ‘‘(b) PAYMENT OF CREDIT.—                             structure bond (as defined in section 6431 of          aster that is determined by the Secretary in
                                                 ‘‘(1) IN GENERAL.—The Secretary shall pay             the Internal Revenue Code of 1986 (as added            accordance with this subsection and—
                                               (contemporaneously with each interest pay-              by this Act)) and the amount of any credit               ‘‘(i) is an unexpected decrease in fish stock
                                               ment date under such bond) to the issuer of             determined under such section with respect             biomass or other change that results in sig-
                                               such bond (or to any person who makes such              to such bond shall be treated for purposes of          nificant loss of access to the fishery re-
                                               interest payments on behalf of the issuer)              the income tax laws of such State as being             source, which may include loss of fishing
                                               the applicable percentage of the interest               exempt from Federal income tax.                        vessels and gear for a substantial period of
                                               payable under such bond on such date.                     (d) ADJUSTMENT TO PAYMENT TO ISSUERS IN              time and results in significant revenue or
                                                 ‘‘(2) APPLICABLE PERCENTAGE.—For pur-                 CASE OF SEQUESTRATION.—                                subsistence loss due to an allowable cause;
                                               poses of paragraph (1), the applicable per-               (1) IN GENERAL.—In the case of any pay-              and
                                               centage shall be equal to—                              ment under subsection (b) of section 6431 of             ‘‘(ii) does not include—
                                                 ‘‘(A) in the case of any American infra-              the Internal Revenue Code of 1986 (as added              ‘‘(I) reasonably predictable, foreseeable,
                                               structure bond issued before January 1, 2026,           by this Act) made after the date of enact-             and recurrent fishery cyclical variations in
                                               35 percent, and                                         ment of this Act to which sequestration ap-            species distribution or stock abundance; or
                                                 ‘‘(B) in the case of any American infra-              plies, the amount of such payment shall be               ‘‘(II) reductions in fishing opportunities re-
                                               structure bond issued after December 31,                increased to an amount equal to—                       sulting from conservation and management
                                               2025, 28 percent.                                         (A) such payment (determined before such             measures taken pursuant to this Act.
                                                 ‘‘(3) INTEREST PAYMENT DATE.—For pur-                 sequestration), multiplied by                            ‘‘(D) INDIAN TRIBE.—The term ‘Indian
                                               poses of this subsection, the term ‘interest              (B) the quotient obtained by dividing the            Tribe’ has the meaning given such term in
                                               payment date’ means each date on which the              number 1 by the amount by which the num-               section 102 of the Federally Recognized In-
                                               holder of record of the American infrastruc-            ber 1 exceeds the percentage reduction in              dian Tribe List Act of 1994 (25 U.S.C. 5130),
                                               ture bond is entitled to a payment of inter-            such payment pursuant to such sequestra-               and the term ‘Tribal’ means of or pertaining
                                               est under such bond.                                    tion.                                                  to such an Indian tribe.
                                                 ‘‘(c) AMERICAN INFRASTRUCTURE BOND.—                    (2) SEQUESTRATION.—For purposes of this                ‘‘(E) NATURAL CAUSE.—The term ‘natural
                                                 ‘‘(1) IN GENERAL.—For purposes of this sec-           subsection, the term ‘‘sequestration’’ means           cause’—
                                               tion, the term ‘American infrastructure                 any reduction in direct spending ordered in              ‘‘(i) means a weather, climatic, hazard, or
                                               bond’ means any obligation if—                          accordance with a sequestration report pre-            biology-related event, such as—




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(A) the interest on such obligation would           pared by the Director of the Office and Man-             ‘‘(I) a hurricane;
                                               (but for this section) be excludable from               agement and Budget pursuant to the Bal-                  ‘‘(II) a flood;
                                               gross income under section 103,                         anced Budget and Emergency Deficit Control               ‘‘(III) a harmful algal bloom;
                                                 ‘‘(B) either—                                         Act of 1985 or the Statutory Pay-As-You-Go               ‘‘(IV) a tsunami;
                                                 ‘‘(i) the obligation is not a private activity        Act of 2010 or future legislation having simi-           ‘‘(V) a hypoxic zone;
                                               bond, or                                                lar effect.                                              ‘‘(VI) a drought;
                                                 ‘‘(ii) the obligation is a private activity             (e) EFFECTIVE DATE.—The amendments                     ‘‘(VII) El Niño effects on water tempera-
                                               bond, but it is issued as part of an issue 95           made by this section shall apply to obliga-            ture;




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                                               S5308                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                 ‘‘(VIII) a marine heat wave;                            ‘‘(II) 12-month revenue loss or subsistence          the fishing season, applicable to the fish-
                                                 ‘‘(IX) disease; or                                    loss for the affected Federal fishery, or if a         ery—
                                                 ‘‘(X) access to fishery resources that is im-         fishery resource disaster has occurred at any            ‘‘(I) has concluded or there is no defined
                                               peded due to impacts to captains and crew               time in the previous 5-year period, an appro-          fishing season applicable to the fishery, not
                                               caused by the COVID-19 pandemic; and                    priate time frame as determined by the Sec-            later than 120 days after the Secretary re-
                                                 ‘‘(ii) does not mean a normal or cyclical             retary;                                                ceives a complete request for a fishery re-
                                               variation in a species distribution or stock              ‘‘(III) if applicable, information on lost re-       source disaster determination;
                                               abundance.                                              source tax revenues assessed by local com-               ‘‘(II) has not concluded, not later than 120
                                                 ‘‘(F) 12-MONTH REVENUE LOSS.—The term                 munities, such as a raw fish tax; and                  days after the conclusion of the fishing sea-
                                               ‘12-month revenue loss’ means the percent-                ‘‘(IV) if applicable, information on 12-             son; or
                                               age reduction in commercial, charter,                   month revenue loss for processors related to             ‘‘(III) has not been opened, not later than
                                               headboat, and processor revenue for the 12              the information provided under subclause (I),          120 days after the Secretary receives a com-
                                               months during the fishery resource disaster             subject to section 402(b).                             plete request for a fishery resource disaster
                                               period that is due to the fishery resource dis-           ‘‘(C) ASSISTANCE.—The Secretary may pro-             determination.
                                               aster, when compared to average annual rev-             vide assistance, data, and analysis to an eli-           ‘‘(C) FISHERY RESOURCE DISASTER DETER-
                                               enue in the most recent 5-year period or                gible requester described in paragraph (1), if         MINATION.—The Secretary shall make the de-
                                               equivalent for stocks with cyclical life his-           so requested and the data is not available to          termination of a fishery resource disaster
                                               tories.                                                 the requester, in carrying out the compete             based on the criteria for determinations list-
                                                 ‘‘(G) UNDETERMINED CAUSE.—The term ‘un-               request under subparagraph (A).
                                                                                                                                                              ed in paragraph (5).
                                               determined cause’ means a cause in which                  ‘‘(4) REVIEW PROCESS.—
                                                                                                                                                                ‘‘(D) NOTIFICATION.—Not later than 14 days
                                               the current state of knowledge does not                   ‘‘(A) INTERIM RESPONSE.—Not later than 20
                                                                                                                                                              after the conclusion of the review under this
                                               allow the Secretary to identify the exact               days after receipt of a request under para-
                                                                                                                                                              paragraph, the Secretary shall notify the re-
                                               cause, and there is no current conclusive evi-          graph (3), the Secretary shall provide an in-
                                                                                                                                                              questor and the Governor of the affected
                                               dence supporting a possible cause of the fish-          terim response to the individual that—
                                                                                                                                                              State or Tribal representative of the deter-
                                               ery resource disaster.                                    ‘‘(i) acknowledges receipt of the request;
                                                                                                                                                              mination of the Secretary.
                                                 ‘‘(2) GENERAL AUTHORITY.—                               ‘‘(ii) provides a regional contact within the
                                                 ‘‘(A) IN GENERAL.—The Secretary shall                 National Oceanographic and Atmospheric                   ‘‘(5) CRITERIA FOR DETERMINATIONS.—
                                               have the authority to determine the exist-              Administration;                                          ‘‘(A) IN GENERAL.—The Secretary shall
                                               ence, extent, and beginning and end dates of              ‘‘(iii) outlines the process and timeline by         make a determination about whether a fish-
                                               a fishery resource disaster under this sub-             which a request shall be considered; and               ery resource disaster has occurred, based on
                                               section in accordance with this subsection.               ‘‘(iv) requests additional information con-          the revenue loss thresholds under subpara-
                                                 ‘‘(B) AVAILABILITY OF FUNDS.—After the                cerning the fishery resource disaster, if the          graph (B), and, if a fishery resource disaster
                                               Secretary determines that a fishery resource            original request is considered incomplete.             has occurred, whether the fishery resource
                                               disaster has occurred, the Secretary is au-               ‘‘(B) EVALUATION OF REQUESTS.—                       disaster was due to—
                                               thorized to make sums available, from funds               ‘‘(i) IN GENERAL.—The Secretary shall com-             ‘‘(i) a natural cause;
                                               appropriated under paragraph (9) that are               plete a review, within the time frame de-                ‘‘(ii) an anthropogenic cause;
                                               available, to be used by the affected State,            scribed in clause (ii), using the best sci-              ‘‘(iii) a combination of a natural cause and
                                               Tribal government, or interstate marine                 entific information available, in consulta-            an anthropogenic cause; or
                                               fisheries commission, or by the Secretary in            tion with the affected fishing communities,              ‘‘(iv) an undetermined cause.
                                               cooperation with the affected State, Tribal             States, or Tribes, of—                                   ‘‘(B) REVENUE LOSS THRESHOLDS.—
                                               government, or interstate marine fisheries                ‘‘(I) the information provided by the re-              ‘‘(i) IN GENERAL.—The Secretary shall
                                               commission.                                             quester and any additional information rel-            apply the following 12-month revenue loss
                                                 ‘‘(C) SAVINGS CLAUSE.—                                evant to the fishery, which may include—               thresholds in determining whether a fishery
                                                 ‘‘(i) IN GENERAL.—Except as provided under              ‘‘(aa) fishery characteristics;                      resource disaster has occurred:
                                               clause (ii), the requirements under this sub-             ‘‘(bb) stock assessments;                              ‘‘(I) Losses greater than 80 percent shall re-
                                               section shall take effect only with respect to            ‘‘(cc) the most recent fishery independent           sult in a positive determination that a fish-
                                               requests for a fishery resource disaster deter-         surveys and other fishery resource assess-             ery resource disaster has occurred.
                                               mination submitted after the date of enact-             ments and surveys conducted by Federal,                  ‘‘(II) Losses between 35 percent and 80 per-
                                               ment of the Fishery Failures: Urgently Need-            State, or Tribal officials;                            cent shall be evaluated to determine whether
                                               ed Disaster Declarations Act.                             ‘‘(dd) estimates of mortality; and                   a fishery resource disaster has occurred,
                                                 ‘‘(ii) EXCEPTION.—Clause (i) shall not apply            ‘‘(ee) overall effects; and                          based on the information provided or ana-
                                               to a fishery resource disaster determination              ‘‘(II) the available economic information,           lyzed under paragraph (4)(B).
                                               related to the COVID-19 pandemic.                       which may include an analysis of—                        ‘‘(III) Losses less than 35 percent shall not
                                                 ‘‘(3) INITIATION OF A FISHERY RESOURCE DIS-             ‘‘(aa) landings data;                                be eligible for a determination that a fishery
                                               ASTER REVIEW.—                                            ‘‘(bb) revenue;                                      resource disaster has occurred, except where
                                                 ‘‘(A) ELIGIBLE REQUESTERS.—Not later than               ‘‘(cc) the number of participants involved;          the Secretary determines there are extenu-
                                               1 year after the date of the conclusion of the            ‘‘(dd) the number and type of jobs and per-          ating circumstances that justify using a
                                               fishing season, a request for a fishery re-             sons impacted, which may include—                      lower threshold in making the determina-
                                               source disaster determination may be sub-                 ‘‘(AA) fishers;                                      tion.
                                               mitted to the Secretary, if the Secretary has             ‘‘(BB) charter fishing operators;                      ‘‘(ii) CHARTER FISHING.—In making a deter-
                                               not independently determined that a fishery               ‘‘(CC) subsistence users;                            mination of whether a fishery resource dis-
                                               resource disaster has occurred, by—                       ‘‘(DD) United States fish processors; and            aster has occurred, the Secretary shall con-
                                                 ‘‘(i) the Governor of an affected State;                ‘‘(EE) an owner of a related fishery infra-          sider the economic impacts to the charter
                                                 ‘‘(ii) an official Tribal resolution; or              structure or business affected by the dis-             fishing industry to ensure financial coverage
                                                 ‘‘(iii) any other comparable elected or po-           aster, such as a marina operator, rec-                 for charter fishing businesses.
                                               litically appointed representative as deter-            reational fishing equipment retailer, or char-           ‘‘(iii) SUBSISTENCE USES.—In making a de-
                                               mined by the Secretary.                                 ter, headboat, or tender vessel owner, oper-           termination of whether a fishery resource
                                                 ‘‘(B) REQUIRED INFORMATION.—A complete                ator, or crew;                                         disaster has occurred, the Secretary may
                                               request for a fishery resource disaster deter-            ‘‘(ee) an impacted Indian Tribe;                     consider loss of subsistence opportunity,
                                               mination under subparagraph (A) shall in-                 ‘‘(ff) an impacted business or other entity;         where appropriate.
                                               clude—                                                    ‘‘(gg) the availability of hazard insurance            ‘‘(C) INELIGIBLE FISHERIES.—A fishery sub-
                                                 ‘‘(i) identification of all presumed affected         to address financial losses due to a disaster;         ject to overfishing in any of the 3 years pre-
                                               fish stocks;                                              ‘‘(hh) other forms of disaster assistance            ceding the date of a determination under
                                                 ‘‘(ii) identification of the fishery as Fed-          made available to the fishery, including               this subsection is not eligible for a deter-
                                               eral, non-Federal, or both;                             prior awards of disaster assistance for the            mination of whether a fishery resource dis-
                                                 ‘‘(iii) the geographical boundaries of the            same event;                                            aster has occurred unless the Secretary de-
                                               fishery;                                                  ‘‘(ii) the length of time the resource, or ac-       termines that overfishing was not a contrib-
                                                 ‘‘(iv) preliminary information on causes of           cess to the resource, has been restricted;             uting factor to the fishery resource disaster.
                                               the fishery resource disaster, if known; and              ‘‘(jj) status of recovery from previous fish-          ‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an
                                                 ‘‘(v) information needed to support a find-           ery resource disasters;                                exceptional circumstance where substantial




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                                               ing of a fishery resource disaster, including—            ‘‘(kk) lost resource tax revenues assessed           economic impacts to the affected fishery and
                                                 ‘‘(I) information demonstrating the occur-            by local communities, such as a raw fish tax;          fishing community have been subject to a
                                               rence of an unexpected decrease in fish stock           and                                                    disaster declaration under another statutory
                                               biomass or other change that results in sig-              ‘‘(ll) other appropriate indicators to an af-        authority, such as in the case of a natural
                                               nificant loss of access to the fishery re-              fected fishery, as determined by the National          disaster or from the direct consequences of a
                                               source, which could include the loss of fish-           Marine Fisheries Service.                              Federal action taken to prevent, or in re-
                                               ing vessels and gear, for a substantial period            ‘‘(ii) TIME FRAME.—The Secretary shall               sponse to, a natural disaster for purposes of
                                               of time;                                                complete the review described in clause (i), if        protecting life and safety, the Secretary may




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                       S5309
                                               determine a fishery resource disaster has oc-           repay the principal of a Federal fishing ca-             ‘‘(II) require that the vessel be—
                                               curred without a request or without con-                pacity reduction loan.                                   ‘‘(aa) scrapped or otherwise disposed of in a
                                               ducting the required analyses in subpara-                  ‘‘(dd) Developing, repairing, or improving          manner approved by the Secretary;
                                               graphs (A) and (B).                                     fishery-related public infrastructure.                   ‘‘(bb) donated to a nonprofit organization
                                                  ‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.—                 ‘‘(ee) Job training and economic transition         and thereafter used only for purposes of re-
                                                  ‘‘(A) AUTHORIZATION.—The Secretary shall             programs.                                              search, education, or training; or
                                               allocate funds available under paragraph (9)               ‘‘(ff) Public information campaigns on the            ‘‘(cc) used for another non-fishing purpose
                                               for fishery resource disasters.                         recovery of the fishery, including marketing.          provided the Secretary determines that ade-
                                                  ‘‘(B) ALLOCATION OF APPROPRIATED FISHERY                ‘‘(gg) For any purpose that the Secretary           quate measures are in place to ensure that
                                               RESOURCE DISASTER ASSISTANCE.—                          determines is appropriate to restore the fish-         the vessel cannot reenter any fishery any-
                                                  ‘‘(i) NOTIFICATION OF FUNDING AVAIL-                 ery affected by such a disaster or to prevent          where in the world.
                                               ABILITY.—When there are appropriated funds              a similar disaster in the future.                        ‘‘(D) NO FISHERY ENDORSEMENT.—
                                               for 1 or more fishery resource disasters, the              ‘‘(hh) Direct assistance to a person, fishing         ‘‘(i) IN GENERAL.—A vessel that is prohib-
                                               Secretary shall notify the public and rep-              community (including assistance for lost               ited from fishing under subparagraph
                                               resentatives of affected fishing communities            fisheries resource levies), or a business to al-       (C)(ii)(I) shall not be eligible for a fishery en-
                                               with a positive disaster determination that             leviate economic loss incurred as a direct re-         dorsement under section 12113(a) of title 46,
                                               is unfunded of the allocation under para-               sult of a fishery resource disaster, particu-          United States Code.
                                               graph (2)(B) not more than 14 days after the            larly when affected by a circumstance de-                ‘‘(ii) NONEFFECTIVE.—A fishery endorse-
                                               date of the appropriation or the determina-             scribed in paragraph (5)(D).                           ment for a vessel described in clause (i) shall
                                               tion of a fishery resource disaster, whichever             ‘‘(ii) Appropriate economic and other in-           not be effective.
                                               occurs later.                                           centives to encourage commercial fisherman               ‘‘(iii) NO SALE.—A vessel described in
                                                  ‘‘(ii) EXTENSION OF DEADLINE.—The Sec-               to return to the fishery once it has recovered         clause (i) shall not sold to a foreign owner or
                                               retary may extend the deadline under clause             from the disaster.                                     reflagged.
                                               (i) by 90 days to evaluate and make deter-                 ‘‘(jj) Hatcheries and stock enhancement to            ‘‘(8) PUBLIC INFORMATION ON DATA COLLEC-
                                               minations on eligible requests.                         help rebuild the affected stock or offset fish-        TION.—The Secretary shall make available
                                                  ‘‘(C) CONSIDERATIONS.—In determining the             ing pressure on the affected stock.                    and update as appropriate, information on
                                               allocation of appropriations for a fishery re-             ‘‘(kk) Other activities that recover or im-         data collection and submittal best practices
                                               source disaster, the Secretary shall consider           prove management of the affected fishery, as           for the information described in paragraph
                                               commercial, charter, headboat, or seafood               determined by the Secretary.                           (4)(B).
                                               processing revenue losses and may consider                 ‘‘(II) DISPLACED FISHERY EMPLOYEES.—                  ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—
                                               the following factors:                                  Where appropriate, individuals carrying out              ‘‘(A) AUTHORIZATION.—There are authorized
                                                  ‘‘(i) Direct economic impacts.                       the activities described in items (aa) through         to be appropriated to carry out this sub-
                                                  ‘‘(ii) Uninsured losses.                             (ff) of subclause (I) shall be individuals who         section such sums as may be necessary.
                                                  ‘‘(iii) Losses of subsistence and Tribal cere-       are, or were, employed in a commercial,                  ‘‘(B) AVAILABILITY OF FUNDS.—Amounts ap-
                                               monial fishing opportunity.                             charter, or Tribal fishery for which the Sec-          propriated under this subsection shall re-
                                                  ‘‘(iv) Losses of recreational fishing oppor-         retary has determined that a fishery re-               main available until expended.
                                               tunity.                                                 source disaster has occurred.
                                                                                                                                                                ‘‘(C) TAX EXEMPT STATUS.—The Fisheries
                                                  ‘‘(v) Aquaculture operations revenue loss.              ‘‘(7) LIMITATIONS.—
                                                                                                                                                              Disasters Fund appropriated under this sub-
                                                  ‘‘(vi) Direct revenue losses to a fishing               ‘‘(A) FEDERAL SHARE.—
                                                                                                                                                              section shall be a tax exempt fund.’’.
                                               community.                                                 ‘‘(i) IN GENERAL.—Except as applied to
                                                                                                                                                              SEC. lll. MAGNUSON-STEVENS FISHERY CON-
                                                  ‘‘(vii) Treaty obligations.                          Tribes and as provided in clauses (ii) and
                                                                                                                                                                         SERVATION AND MANAGEMENT ACT.
                                                  ‘‘(viii) Other economic impacts.                     (iii), the Federal share of the cost of any ac-
                                                  ‘‘(D) SPEND PLANS.—To receive an alloca-             tivity carried out under the authority of this           (a) REPEAL.—Section 315 of the Magnuson-
                                               tion from funds available under paragraph               subsection shall not exceed 75 percent of the          Stevens Fishery Conservation and Manage-
                                               (9), a requestor with an affirmative fishery            cost of that activity.                                 ment Act (16 U.S.C. 1864) is repealed.
                                               resource disaster determination shall submit               ‘‘(ii) WAIVER.—The Secretary may waive                (b) REPORT.—Section 113(b)(2) of the Mag-
                                               a spend plan to the Secretary, not more than            the non-Federal share requirements of this             nuson-Stevens Fishery Conservation and
                                               120 days after receiving notification that              subsection, if the Secretary determines                Management Reauthorization Act of 2006 (16
                                               funds are available, that shall include the             that—                                                  U.S.C. 460ss note) is amended—
                                               following information, if applicable:                      ‘‘(I) no reasonable means are available               (1) in the paragraph heading, by striking
                                                  ‘‘(i) Objectives and outcomes, with an em-           through which the recipient of the Federal             ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’;
                                               phasis on addressing the factors contributing           share can meet the non-Federal share re-                 (2) in the matter preceding subparagraph
                                               to the fishery resource disaster and mini-              quirement; and                                         (A), by striking ‘‘Not later than 2 years after
                                               mizing future uninsured losses, if applicable.             ‘‘(II) the probable benefit of 100 percent          the date of enactment of this Act, and annu-
                                                  ‘‘(ii) Statement of work.                            Federal financing outweighs the public in-             ally thereafter’’ and inserting ‘‘Not later
                                                  ‘‘(iii) Budget details.                              terest in imposition of the non-Federal share          than 2 years after the date of enactment of
                                                  ‘‘(E) REGIONAL CONTACT.—The Secretary                requirement.                                           the Fishery Failures: Urgently Needed Dis-
                                               shall provide a regional contact within the                ‘‘(iii) EXCEPTION.—The Federal share of di-         aster Declarations Act, and biennially there-
                                               National Oceanic and Atmospheric Adminis-               rect assistance as described in paragraph              after’’; and
                                               tration to facilitate review of spend plans             (6)(F)(iii)(I)(hh) shall be equal to 100 percent.        (3) in subparagraph (D), by striking ‘‘the
                                               and disbursal of funds.                                    ‘‘(B) LIMITATIONS ON ADMINISTRATIVE EX-             calendar year 2003’’ and inserting ‘‘the most
                                                  ‘‘(F) DISBURSAL OF FUNDS.—                           PENSES.—                                               recent’’.
                                                  ‘‘(i) AVAILABILITY.—Funds shall be dis-                 ‘‘(i) FEDERAL.—Not more than 3 percent of           SEC. lll. INTERJURISDICTIONAL FISHERIES
                                               bursed not later than 90 days after the date            the funds available under this subsection                         ACT OF 1986.
                                               the Secretary receives a complete spend plan            may be used for administrative expenses by               (a) REPEAL.—Section 308 of the Interjuris-
                                               under subparagraph (D).                                 the National Oceanographic and Atmos-                  dictional Fisheries Act of 1986 (16. U.S.C.
                                                  ‘‘(ii) METHOD.—The Secretary may provide             pheric Administration.                                 4107) is repealed.
                                               an allocation of funds under this subsection               ‘‘(ii) STATE OR TRIBAL GOVERNMENTS.—Of                (b) TECHNICAL EDIT.—Section 3(k)(1) of the
                                               in the form of a grant, direct payment, coop-           the funds remaining after the use described            Small Business Act (15 U.S.C. 632(k)(1)) is
                                               erative agreement, loan, or contract.                   in clause (i), not more than 5 percent may be          amended by striking ‘‘(as determined by the
                                                  ‘‘(iii) ELIGIBLE USES.—                              used by States, Tribal governments, or inter-          Secretary of Commerce under section 308(b)
                                                  ‘‘(I) IN GENERAL.—Funds allocated for fish-          state marine fisheries commissions for ad-             of the Interjurisdictional Fisheries Act of
                                               ery resources disasters under this subsection           ministrative expenses.                                 1986)’’ and inserting ‘‘(as determined by the
                                               shall prioritize the following uses, which are             ‘‘(C) FISHING CAPACITY REDUCTION PRO-               Secretary of Commerce under the Fishery
                                               not in order of priority:                               GRAM.—                                                 Failures: Urgently Needed Disaster Declara-
                                                  ‘‘(aa) Habitat conservation and restoration             ‘‘(i) IN GENERAL.—No funds available under          tions Act)’’.
                                               and other activities, including scientific re-          this subsection may be used as part of a fish-         SEC. lll. BUDGET REQUESTS; REPORTS.
                                               search, that reduce adverse impacts to the              ing capacity reduction program in a fishery              (a) BUDGET REQUEST.—In the budget jus-
                                               fishery or improve understanding of the af-             unless the Secretary determines that ade-              tification materials submitted to Congress
                                               fected species or its ecosystem.                        quate conservation and management meas-                in support of the budget of the Department




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                                                  ‘‘(bb) The collection of fishery information         ures are in place in such fishery.                     of Commerce for each fiscal year (as sub-
                                               and other activities that improve manage-                  ‘‘(ii) ASSISTANCE CONDITIONS.—As a condi-           mitted with the budget of the President
                                               ment of the affected fishery.                           tion of providing assistance under this sub-           under section 1105(a) of title 31, United
                                                  ‘‘(cc) In a commercial fishery, capacity re-         section with respect to a vessel under a fish-         States Code), the Secretary of Commerce
                                               duction and other activities that improve               ing capacity reduction program, the Sec-               shall include a separate statement of the
                                               management of fishing effort, including                 retary shall—                                          amount requested to be appropriated for that
                                               funds to offset budgetary costs to refinance a             ‘‘(I) prohibit the vessel from being used for       fiscal year for outstanding unfunded fishery
                                               Federal fishing capacity reduction loan or to           fishing; and                                           resource disasters.




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                                               S5310                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                 (b) DRIFTNET ACT AMENDMENTS OF 1990 RE-               cils by the National Marine Fisheries Serv-            nificant loss of access to the fishery re-
                                               PORT   AND   BYCATCH REDUCTION AGREE-                   ice to prepare and adapt Federal fishery               source, which may include loss of fishing
                                               MENTS.—                                                 management for the impacts of climate                  vessels and gear for a substantial period of
                                                 (1) IN GENERAL.—The Magnuson-Stevens                  change and whether and how that guidance               time and results in significant revenue or
                                               Fishery Conservation and Management Act                 has been utilized;                                     subsistence loss due to an allowable cause;
                                               (16 U.S.C. 1801 et seq.) is amended—                      (C) identification of and recommendations            and
                                                 (A) in section 202(h), by striking paragraph          for how best to address the most significant             ‘‘(ii) does not include—
                                               (3); and                                                economic, social, ecological, or other knowl-            ‘‘(I) reasonably predictable, foreseeable,
                                                 (B) in section 206—                                   edge gaps, as well as key funding gaps, that           and recurrent fishery cyclical variations in
                                                 (i) by striking subsections (e) and (f); and          would increase the ability of the Regional             species distribution or stock abundance; or
                                                 (ii) by redesignating subsections (g) and (h)         Fishery Management Councils, the Atlantic                ‘‘(II) reductions in fishing opportunities re-
                                               as subsections (e) and (f), respectively.               States Marine Fisheries Commission, or the             sulting from conservation and management
                                                 (2) BIENNIAL REPORT ON INTERNATIONAL                  National Marine Fisheries Service to prepare           measures taken pursuant to this Act.
                                               COMPLIANCE.—Section 607 of the High Seas                and adapt fishery management for the im-                 ‘‘(D) INDIAN TRIBE.—The term ‘Indian
                                               Driftnet Fishing Moratorium Protection Act              pacts of climate change;                               Tribe’ has the meaning given such term in
                                               (16 U.S.C. 1826h) is amended—                             (D) recommendations for how the Regional             section 102 of the Federally Recognized In-
                                                 (A) by inserting ‘‘(a) IN GENERAL.—’’ before          Fishery Management Councils, the Atlantic              dian Tribe List Act of 1994 (25 U.S.C. 5130),
                                               ‘‘The Secretary’’ and indenting appro-                  States Marine Fisheries Commission, and                and the term ‘Tribal’ means of or pertaining
                                               priately; and                                           the National Marine Fisheries Service can              to such an Indian tribe.
                                                 (B) by adding at the end the following:               better adapt fishery management and pre-                 ‘‘(E) NATURAL CAUSE.—The term ‘natural
                                                 ‘‘(b) ADDITIONAL INFORMATION.—In addition             pare associated fishing industries and de-             cause’—
                                               to the information described in paragraphs              pendent communities for the impacts of cli-              ‘‘(i) means a weather, climatic, hazard, or
                                               (1) through (5) of subsection (a), the report           mate change; and                                       biology-related event, such as—
                                               shall include—                                            (E) recommendations for how to enhance                 ‘‘(I) a hurricane;
                                                 ‘‘(1) a description of the actions taken to           the capacity of the National Marine Fish-                ‘‘(II) a flood;
                                               carry out the provisions of section 206 of the          eries Service to monitor climate-related                 ‘‘(III) a harmful algal bloom;
                                               Magnuson-Stevens Fishery Conservation and               changes to fisheries and marine ecosystems,              ‘‘(IV) a tsunami;
                                               Management Act (16 U.S.C. 1826), including—             to understand the mechanisms of change, to               ‘‘(V) a hypoxic zone;
                                                 ‘‘(A) an evaluation of the progress of those          evaluate risks and priorities, to provide fore-          ‘‘(VI) a drought;
                                               efforts, the impacts on living marine re-               casts and projections of future conditions, to           ‘‘(VII) El Niño effects on water tempera-
                                               sources, including available observer data,             communicate scientific advice, and to better           ture;
                                               and specific plans for further action;                  manage fisheries under changing conditions               ‘‘(VIII) a marine heat wave;
                                                 ‘‘(B) a list and description of any new fish-         due to climate change.                                   ‘‘(IX) disease; or
                                               eries developed by nations that conduct, or                                                                      ‘‘(X) access to fishery resources that is im-
                                               authorize their nationals to conduct, large-              SA 2619. Mr. WICKER (for himself,                    peded due to impacts to captains and crew
                                               scale driftnet fishing beyond the exclusive             Mr. CASSIDY, Mr. SULLIVAN, Ms. CANT-                   caused by the COVID-19 pandemic; and
                                               economic zone of any nation; and                                                                                 ‘‘(ii) does not mean a normal or cyclical
                                                                                                       WELL, and Ms. MURKOWSKI) submitted
                                                 ‘‘(C) a list of the nations that conduct, or                                                                 variation in a species distribution or stock
                                                                                                       an amendment intended to be proposed                   abundance.
                                               authorize their nationals to conduct, large-
                                                                                                       to amendment SA 2499 proposed by Mr.                     ‘‘(F) 12-MONTH REVENUE LOSS.—The term
                                               scale driftnet fishing beyond the exclusive
                                               economic zone of any nation in a manner                 MCCONNELL to the bill S. 178, to con-                  ‘12-month revenue loss’ means the percent-
                                               that diminishes the effectiveness of or is in-          demn gross human rights violations of                  age reduction in commercial, charter,
                                               consistent with any international agreement             ethnic Turkic Muslims in Xinjiang, and                 headboat, and processor revenue for the 12
                                               governing large-scale driftnet fishing to               calling for an end to arbitrary deten-                 months during the fishery resource disaster
                                               which the United States is a party or other-            tion, torture, and harassment of these                 period that is due to the fishery resource dis-
                                               wise subscribes; and                                    communities inside and outside China;                  aster, when compared to average annual rev-
                                                 ‘‘(2) a description of the actions taken to                                                                  enue in the most recent 5-year period or
                                                                                                       which was ordered to lie on the table;                 equivalent for stocks with cyclical life his-
                                               carry out the provisions of section 202(h) of           as follows:
                                               the Magnuson-Stevens Fishery Conservation                                                                      tories.
                                                                                                         At the appropriate place, insert the fol-              ‘‘(G) UNDETERMINED CAUSE.—The term ‘un-
                                               and Management Act (16 U.S.C. 1822(h)).                 lowing:
                                                 ‘‘(c) CERTIFICATION.—If, at any time, the                                                                    determined cause’ means a cause in which
                                               Secretary, in consultation with the Sec-                 TITLE llFISHERY RESOURCE DISASTER                     the current state of knowledge does not
                                               retary of State and the Secretary of the de-                             RELIEF                                allow the Secretary to identify the exact
                                               partment in which the Coast Guard is oper-              SEC. lll. SHORT TITLE.                                 cause, and there is no current conclusive evi-
                                               ating, identifies any nation that warrants in-            This title may be cited as the ‘‘Fishery             dence supporting a possible cause of the fish-
                                               clusion in the list described under subsection          Failures: Urgently Needed Disaster Declara-            ery resource disaster.
                                               (b)(1)(C), due to large scale drift net fishing,        tions Act’’.                                             ‘‘(2) GENERAL AUTHORITY.—
                                               the Secretary shall certify that fact to the            SEC. lll. FISHERY RESOURCE DISASTER RE-                  ‘‘(A) IN GENERAL.—The Secretary shall
                                               President. Such certification shall be                            LIEF.                                        have the authority to determine the exist-
                                               deemed to be a certification for the purposes             Section 312(a) of the Magnuson-Stevens               ence, extent, and beginning and end dates of
                                               of section 8(a) of the Fishermen’s Protective           Fishery Conservation and Management Act                a fishery resource disaster under this sub-
                                               Act of 1967 (22 U.S.C. 1978(a)).’’.                     (16 U.S.C. 1861a(a)) is amended to read as fol-        section in accordance with this subsection.
                                                 (c) REPORT ON EFFORTS TO PREPARE AND                  lows:                                                    ‘‘(B) AVAILABILITY OF FUNDS.—After the
                                               ADAPT UNITED STATES FISHERY MANAGEMENT                    ‘‘(a) FISHERY RESOURCE DISASTER RELIEF.—             Secretary determines that a fishery resource
                                               FOR THE IMPACTS OF CLIMATE CHANGE.—                       ‘‘(1) DEFINITIONS.—In this subsection:               disaster has occurred, the Secretary is au-
                                                 (1) IN GENERAL.—Not later than 2 years                  ‘‘(A) ALLOWABLE CAUSE.—The term ‘allow-              thorized to make sums available, from funds
                                               after the date of enactment of this title, the          able cause’ means a natural cause, discrete            appropriated under paragraph (9) that are
                                               Comptroller General of the United States                anthropogenic cause, or undetermined cause.            available, to be used by the affected State,
                                               shall submit a report to Congress examining               ‘‘(B) ANTHROPOGENIC CAUSE.—The term ‘an-             Tribal government, or interstate marine
                                               efforts by the Regional Fishery Management              thropogenic cause’ means an anthropogenic              fisheries commission, or by the Secretary in
                                               Councils, the Atlantic States Marine Fish-              event, such as an oil spill or spillway open-          cooperation with the affected State, Tribal
                                               eries Commission, and the National Marine               ing—                                                   government, or interstate marine fisheries
                                               Fisheries Service to prepare and adapt to the             ‘‘(i) that could not have been addressed or          commission.
                                               impacts of climate change.                              prevented by fishery management measures;                ‘‘(C) SAVINGS CLAUSE.—
                                                 (2) CONTENTS OF STUDY.—The report re-                 and                                                      ‘‘(i) IN GENERAL.—Except as provided under
                                               quired under paragraph (1) shall include—                 ‘‘(ii) that is otherwise beyond the control          clause (ii), the requirements under this sub-
                                                 (A) an examination of current or previous             of fishery managers to mitigate through con-           section shall take effect only with respect to
                                               efforts (including the 2016 GAO Report on               servation and management measures, includ-             requests for a fishery resource disaster deter-
                                               Federal Fisheries Management ), and wheth-              ing regulatory restrictions imposed as a re-           mination submitted after the date of enact-
                                               er those efforts have resulted in changes to            sult of judicial action or to protect human            ment of the Fishery Failures: Urgently Need-




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                                               management, by the Regional Fishery Man-                health or marine animals, plants, or habi-             ed Disaster Declarations Act.
                                               agement Councils, the Atlantic States Ma-               tats.                                                    ‘‘(ii) EXCEPTION.—Clause (i) shall not apply
                                               rine Fisheries Commission, and the National               ‘‘(C) FISHERY RESOURCE DISASTER.—The                 to a fishery resource disaster determination
                                               Marine Fisheries Service to prepare and                 term ‘fishery resource disaster’ means a dis-          related to the COVID-19 pandemic.
                                               adapt Federal and jointly managed fisheries             aster that is determined by the Secretary in             ‘‘(3) INITIATION OF A FISHERY RESOURCE DIS-
                                               for the impacts of climate change;                      accordance with this subsection and—                   ASTER REVIEW.—
                                                 (B) an examination of any guidance issued               ‘‘(i) is an unexpected decrease in fish stock          ‘‘(A) ELIGIBLE REQUESTERS.—Not later than
                                               to the Regional Fishery Management Coun-                biomass or other change that results in sig-           1 year after the date of the conclusion of the




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5311
                                               fishing season, a request for a fishery re-               ‘‘(dd) the number and type of jobs and per-          lower threshold in making the determina-
                                               source disaster determination may be sub-               sons impacted, which may include—                      tion.
                                               mitted to the Secretary, if the Secretary has             ‘‘(AA) fishers;                                         ‘‘(ii) CHARTER FISHING.—In making a deter-
                                               not independently determined that a fishery               ‘‘(BB) charter fishing operators;                    mination of whether a fishery resource dis-
                                               resource disaster has occurred, by—                       ‘‘(CC) subsistence users;                            aster has occurred, the Secretary shall con-
                                                 ‘‘(i) the Governor of an affected State;                ‘‘(DD) United States fish processors; and            sider the economic impacts to the charter
                                                 ‘‘(ii) an official Tribal resolution; or                ‘‘(EE) an owner of a related fishery infra-          fishing industry to ensure financial coverage
                                                 ‘‘(iii) any other comparable elected or po-           structure or business affected by the dis-             for charter fishing businesses.
                                               litically appointed representative as deter-            aster, such as a marina operator, rec-                    ‘‘(iii) SUBSISTENCE USES.—In making a de-
                                               mined by the Secretary.                                 reational fishing equipment retailer, or char-         termination of whether a fishery resource
                                                 ‘‘(B) REQUIRED INFORMATION.—A complete                ter, headboat, or tender vessel owner, oper-           disaster has occurred, the Secretary may
                                               request for a fishery resource disaster deter-          ator, or crew;                                         consider loss of subsistence opportunity,
                                               mination under subparagraph (A) shall in-                 ‘‘(ee) an impacted Indian Tribe;                     where appropriate.
                                               clude—                                                    ‘‘(ff) an impacted business or other entity;            ‘‘(C) INELIGIBLE FISHERIES.—A fishery sub-
                                                 ‘‘(i) identification of all presumed affected           ‘‘(gg) the availability of hazard insurance          ject to overfishing in any of the 3 years pre-
                                               fish stocks;                                            to address financial losses due to a disaster;         ceding the date of a determination under
                                                 ‘‘(ii) identification of the fishery as Fed-            ‘‘(hh) other forms of disaster assistance            this subsection is not eligible for a deter-
                                               eral, non-Federal, or both;                             made available to the fishery, including               mination of whether a fishery resource dis-
                                                                                                       prior awards of disaster assistance for the
                                                 ‘‘(iii) the geographical boundaries of the                                                                   aster has occurred unless the Secretary de-
                                                                                                       same event;
                                               fishery;                                                                                                       termines that overfishing was not a contrib-
                                                                                                         ‘‘(ii) the length of time the resource, or ac-
                                                 ‘‘(iv) preliminary information on causes of                                                                  uting factor to the fishery resource disaster.
                                                                                                       cess to the resource, has been restricted;
                                               the fishery resource disaster, if known; and                                                                      ‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an
                                                                                                         ‘‘(jj) status of recovery from previous fish-
                                                 ‘‘(v) information needed to support a find-                                                                  exceptional circumstance where substantial
                                                                                                       ery resource disasters;
                                               ing of a fishery resource disaster, including—                                                                 economic impacts to the affected fishery and
                                                                                                         ‘‘(kk) lost resource tax revenues assessed
                                                 ‘‘(I) information demonstrating the occur-                                                                   fishing community have been subject to a
                                                                                                       by local communities, such as a raw fish tax;
                                               rence of an unexpected decrease in fish stock           and                                                    disaster declaration under another statutory
                                               biomass or other change that results in sig-              ‘‘(ll) other appropriate indicators to an af-        authority, such as in the case of a natural
                                               nificant loss of access to the fishery re-              fected fishery, as determined by the National          disaster or from the direct consequences of a
                                               source, which could include the loss of fish-           Marine Fisheries Service.                              Federal action taken to prevent, or in re-
                                               ing vessels and gear, for a substantial period            ‘‘(ii) TIME FRAME.—The Secretary shall               sponse to, a natural disaster for purposes of
                                               of time;                                                complete the review described in clause (i), if        protecting life and safety, the Secretary may
                                                 ‘‘(II) 12-month revenue loss or subsistence           the fishing season, applicable to the fish-            determine a fishery resource disaster has oc-
                                               loss for the affected Federal fishery, or if a          ery—                                                   curred without a request or without con-
                                               fishery resource disaster has occurred at any             ‘‘(I) has concluded or there is no defined           ducting the required analyses in subpara-
                                               time in the previous 5-year period, an appro-           fishing season applicable to the fishery, not          graphs (A) and (B).
                                               priate time frame as determined by the Sec-             later than 120 days after the Secretary re-               ‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.—
                                               retary;                                                 ceives a complete request for a fishery re-               ‘‘(A) AUTHORIZATION.—The Secretary shall
                                                 ‘‘(III) if applicable, information on lost re-        source disaster determination;                         allocate funds available under paragraph (9)
                                               source tax revenues assessed by local com-                ‘‘(II) has not concluded, not later than 120         for fishery resource disasters.
                                               munities, such as a raw fish tax; and                   days after the conclusion of the fishing sea-             ‘‘(B) ALLOCATION OF APPROPRIATED FISHERY
                                                 ‘‘(IV) if applicable, information on 12-              son; or                                                RESOURCE DISASTER ASSISTANCE.—
                                               month revenue loss for processors related to              ‘‘(III) has not been opened, not later than             ‘‘(i) NOTIFICATION OF FUNDING AVAIL-
                                               the information provided under subclause (I),           120 days after the Secretary receives a com-           ABILITY.—When there are appropriated funds
                                               subject to section 402(b).                              plete request for a fishery resource disaster          for 1 or more fishery resource disasters, the
                                                 ‘‘(C) ASSISTANCE.—The Secretary may pro-              determination.                                         Secretary shall notify the public and rep-
                                               vide assistance, data, and analysis to an eli-            ‘‘(C) FISHERY RESOURCE DISASTER DETER-               resentatives of affected fishing communities
                                               gible requester described in paragraph (1), if          MINATION.—The Secretary shall make the de-             with a positive disaster determination that
                                               so requested and the data is not available to           termination of a fishery resource disaster             is unfunded of the allocation under para-
                                               the requester, in carrying out the compete              based on the criteria for determinations list-         graph (2)(B) not more than 14 days after the
                                               request under subparagraph (A).                         ed in paragraph (5).                                   date of the appropriation or the determina-
                                                 ‘‘(4) REVIEW PROCESS.—                                  ‘‘(D) NOTIFICATION.—Not later than 14 days           tion of a fishery resource disaster, whichever
                                                 ‘‘(A) INTERIM RESPONSE.—Not later than 20             after the conclusion of the review under this          occurs later.
                                               days after receipt of a request under para-             paragraph, the Secretary shall notify the re-             ‘‘(ii) EXTENSION OF DEADLINE.—The Sec-
                                               graph (3), the Secretary shall provide an in-           questor and the Governor of the affected               retary may extend the deadline under clause
                                               terim response to the individual that—                  State or Tribal representative of the deter-           (i) by 90 days to evaluate and make deter-
                                                 ‘‘(i) acknowledges receipt of the request;            mination of the Secretary.                             minations on eligible requests.
                                                 ‘‘(ii) provides a regional contact within the           ‘‘(5) CRITERIA FOR DETERMINATIONS.—                     ‘‘(C) CONSIDERATIONS.—In determining the
                                               National Oceanographic and Atmospheric                    ‘‘(A) IN GENERAL.—The Secretary shall                allocation of appropriations for a fishery re-
                                               Administration;                                         make a determination about whether a fish-             source disaster, the Secretary shall consider
                                                 ‘‘(iii) outlines the process and timeline by          ery resource disaster has occurred, based on           commercial, charter, headboat, or seafood
                                               which a request shall be considered; and                the revenue loss thresholds under subpara-             processing revenue losses and may consider
                                                 ‘‘(iv) requests additional information con-           graph (B), and, if a fishery resource disaster         the following factors:
                                               cerning the fishery resource disaster, if the           has occurred, whether the fishery resource                ‘‘(i) Direct economic impacts.
                                               original request is considered incomplete.              disaster was due to—                                      ‘‘(ii) Uninsured losses.
                                                 ‘‘(B) EVALUATION OF REQUESTS.—                          ‘‘(i) a natural cause;                                  ‘‘(iii) Losses of subsistence and Tribal cere-
                                                 ‘‘(i) IN GENERAL.—The Secretary shall com-              ‘‘(ii) an anthropogenic cause;                       monial fishing opportunity.
                                               plete a review, within the time frame de-                 ‘‘(iii) a combination of a natural cause and            ‘‘(iv) Losses of recreational fishing oppor-
                                               scribed in clause (ii), using the best sci-             an anthropogenic cause; or                             tunity.
                                               entific information available, in consulta-               ‘‘(iv) an undetermined cause.                           ‘‘(v) Aquaculture operations revenue loss.
                                               tion with the affected fishing communities,               ‘‘(B) REVENUE LOSS THRESHOLDS.—                         ‘‘(vi) Direct revenue losses to a fishing
                                               States, or Tribes, of—                                    ‘‘(i) IN GENERAL.—The Secretary shall                community.
                                                 ‘‘(I) the information provided by the re-             apply the following 12-month revenue loss                 ‘‘(vii) Treaty obligations.
                                               quester and any additional information rel-             thresholds in determining whether a fishery               ‘‘(viii) Other economic impacts.
                                               evant to the fishery, which may include—                resource disaster has occurred:                           ‘‘(D) SPEND PLANS.—To receive an alloca-
                                                 ‘‘(aa) fishery characteristics;                         ‘‘(I) Losses greater than 80 percent shall re-       tion from funds available under paragraph
                                                 ‘‘(bb) stock assessments;                             sult in a positive determination that a fish-          (9), a requestor with an affirmative fishery
                                                 ‘‘(cc) the most recent fishery independent            ery resource disaster has occurred.                    resource disaster determination shall submit
                                               surveys and other fishery resource assess-                ‘‘(II) Losses between 35 percent and 80 per-         a spend plan to the Secretary, not more than
                                               ments and surveys conducted by Federal,                 cent shall be evaluated to determine whether           120 days after receiving notification that




SSpencer on DSK126QN23PROD with SENATE
                                               State, or Tribal officials;                             a fishery resource disaster has occurred,              funds are available, that shall include the
                                                 ‘‘(dd) estimates of mortality; and                    based on the information provided or ana-              following information, if applicable:
                                                 ‘‘(ee) overall effects; and                           lyzed under paragraph (4)(B).                             ‘‘(i) Objectives and outcomes, with an em-
                                                 ‘‘(II) the available economic information,              ‘‘(III) Losses less than 35 percent shall not        phasis on addressing the factors contributing
                                               which may include an analysis of—                       be eligible for a determination that a fishery         to the fishery resource disaster and mini-
                                                 ‘‘(aa) landings data;                                 resource disaster has occurred, except where           mizing future uninsured losses, if applicable.
                                                 ‘‘(bb) revenue;                                       the Secretary determines there are extenu-                ‘‘(ii) Statement of work.
                                                 ‘‘(cc) the number of participants involved;           ating circumstances that justify using a                  ‘‘(iii) Budget details.




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                                               S5312                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2020
                                                  ‘‘(E) REGIONAL CONTACT.—The Secretary                terest in imposition of the non-Federal share          the Fishery Failures: Urgently Needed Dis-
                                               shall provide a regional contact within the             requirement.                                           aster Declarations Act, and biennially there-
                                               National Oceanic and Atmospheric Adminis-                 ‘‘(iii) EXCEPTION.—The Federal share of di-          after’’; and
                                               tration to facilitate review of spend plans             rect assistance as described in paragraph                (3) in subparagraph (D), by striking ‘‘the
                                               and disbursal of funds.                                 (6)(F)(iii)(I)(hh) shall be equal to 100 percent.      calendar year 2003’’ and inserting ‘‘the most
                                                  ‘‘(F) DISBURSAL OF FUNDS.—                             ‘‘(B) LIMITATIONS ON ADMINISTRATIVE EX-              recent’’.
                                                  ‘‘(i) AVAILABILITY.—Funds shall be dis-              PENSES.—                                               SEC. lll. INTERJURISDICTIONAL FISHERIES
                                               bursed not later than 90 days after the date              ‘‘(i) FEDERAL.—Not more than 3 percent of                       ACT OF 1986.
                                               the Secretary receives a complete spend plan            the funds available under this subsection                (a) REPEAL.—Section 308 of the Interjuris-
                                               under subparagraph (D).                                 may be used for administrative expenses by             dictional Fisheries Act of 1986 (16. U.S.C.
                                                  ‘‘(ii) METHOD.—The Secretary may provide             the National Oceanographic and Atmos-                  4107) is repealed.
                                               an allocation of funds under this subsection            pheric Administration.                                   (b) TECHNICAL EDIT.—Section 3(k)(1) of the
                                               in the form of a grant, direct payment, coop-             ‘‘(ii) STATE OR TRIBAL GOVERNMENTS.—Of               Small Business Act (15 U.S.C. 632(k)(1)) is
                                               erative agreement, loan, or contract.                   the funds remaining after the use described            amended by striking ‘‘(as determined by the
                                                  ‘‘(iii) ELIGIBLE USES.—                              in clause (i), not more than 5 percent may be          Secretary of Commerce under section 308(b)
                                                  ‘‘(I) IN GENERAL.—Funds allocated for fish-          used by States, Tribal governments, or inter-          of the Interjurisdictional Fisheries Act of
                                                                                                       state marine fisheries commissions for ad-             1986)’’ and inserting ‘‘(as determined by the
                                               ery resources disasters under this subsection
                                                                                                       ministrative expenses.                                 Secretary of Commerce under the Fishery
                                               shall prioritize the following uses, which are
                                                                                                         ‘‘(C) FISHING CAPACITY REDUCTION PRO-                Failures: Urgently Needed Disaster Declara-
                                               not in order of priority:
                                                                                                       GRAM.—                                                 tions Act)’’.
                                                  ‘‘(aa) Habitat conservation and restoration
                                                                                                         ‘‘(i) IN GENERAL.—No funds available under           SEC. lll. BUDGET REQUESTS; REPORTS.
                                               and other activities, including scientific re-
                                                                                                       this subsection may be used as part of a fish-           (a) BUDGET REQUEST.—In the budget jus-
                                               search, that reduce adverse impacts to the
                                                                                                       ing capacity reduction program in a fishery            tification materials submitted to Congress
                                               fishery or improve understanding of the af-
                                                                                                       unless the Secretary determines that ade-              in support of the budget of the Department
                                               fected species or its ecosystem.
                                                                                                       quate conservation and management meas-                of Commerce for each fiscal year (as sub-
                                                  ‘‘(bb) The collection of fishery information
                                                                                                       ures are in place in such fishery.                     mitted with the budget of the President
                                               and other activities that improve manage-                 ‘‘(ii) ASSISTANCE CONDITIONS.—As a condi-            under section 1105(a) of title 31, United
                                               ment of the affected fishery.                           tion of providing assistance under this sub-           States Code), the Secretary of Commerce
                                                  ‘‘(cc) In a commercial fishery, capacity re-         section with respect to a vessel under a fish-         shall include a separate statement of the
                                               duction and other activities that improve               ing capacity reduction program, the Sec-               amount requested to be appropriated for that
                                               management of fishing effort, including                 retary shall—                                          fiscal year for outstanding unfunded fishery
                                               funds to offset budgetary costs to refinance a            ‘‘(I) prohibit the vessel from being used for        resource disasters.
                                               Federal fishing capacity reduction loan or to           fishing; and                                             (b) DRIFTNET ACT AMENDMENTS OF 1990 RE-
                                               repay the principal of a Federal fishing ca-              ‘‘(II) require that the vessel be—                   PORT     AND    BYCATCH REDUCTION AGREE-
                                               pacity reduction loan.                                    ‘‘(aa) scrapped or otherwise disposed of in a        MENTS.—
                                                  ‘‘(dd) Developing, repairing, or improving           manner approved by the Secretary;                        (1) I N   GENERAL  .—The Magnuson-Stevens
                                               fishery-related public infrastructure.                    ‘‘(bb) donated to a nonprofit organization           Fishery Conservation and Management Act
                                                  ‘‘(ee) Job training and economic transition          and thereafter used only for purposes of re-           (16 U.S.C. 1801 et seq.) is amended—
                                               programs.                                               search, education, or training; or                       (A) in section 202(h), by striking paragraph
                                                  ‘‘(ff) Public information campaigns on the             ‘‘(cc) used for another non-fishing purpose          (3); and
                                               recovery of the fishery, including marketing.           provided the Secretary determines that ade-              (B) in section 206—
                                                  ‘‘(gg) For any purpose that the Secretary            quate measures are in place to ensure that               (i) by striking subsections (e) and (f); and
                                               determines is appropriate to restore the fish-          the vessel cannot reenter any fishery any-               (ii) by redesignating subsections (g) and (h)
                                               ery affected by such a disaster or to prevent           where in the world.                                    as subsections (e) and (f), respectively.
                                               a similar disaster in the future.                         ‘‘(D) NO FISHERY ENDORSEMENT.—                         (2) BIENNIAL REPORT ON INTERNATIONAL
                                                  ‘‘(hh) Direct assistance to a person, fishing          ‘‘(i) IN GENERAL.—A vessel that is prohib-           COMPLIANCE.—Section 607 of the High Seas
                                               community (including assistance for lost                ited from fishing under subparagraph                   Driftnet Fishing Moratorium Protection Act
                                               fisheries resource levies), or a business to al-        (C)(ii)(I) shall not be eligible for a fishery en-     (16 U.S.C. 1826h) is amended—
                                               leviate economic loss incurred as a direct re-          dorsement under section 12113(a) of title 46,            (A) by inserting ‘‘(a) IN GENERAL.—’’ before
                                               sult of a fishery resource disaster, particu-           United States Code.                                    ‘‘The Secretary’’ and indenting appro-
                                               larly when affected by a circumstance de-                 ‘‘(ii) NONEFFECTIVE.—A fishery endorse-              priately; and
                                               scribed in paragraph (5)(D).                            ment for a vessel described in clause (i) shall          (B) by adding at the end the following:
                                                  ‘‘(ii) Appropriate economic and other in-            not be effective.                                        ‘‘(b) ADDITIONAL INFORMATION.—In addition
                                               centives to encourage commercial fisherman                ‘‘(iii) NO SALE.—A vessel described in               to the information described in paragraphs
                                               to return to the fishery once it has recovered          clause (i) shall not sold to a foreign owner or        (1) through (5) of subsection (a), the report
                                               from the disaster.                                      reflagged.                                             shall include—
                                                  ‘‘(jj) Hatcheries and stock enhancement to             ‘‘(8) PUBLIC INFORMATION ON DATA COLLEC-               ‘‘(1) a description of the actions taken to
                                               help rebuild the affected stock or offset fish-         TION.—The Secretary shall make available               carry out the provisions of section 206 of the
                                               ing pressure on the affected stock.                     and update as appropriate, information on              Magnuson-Stevens Fishery Conservation and
                                                  ‘‘(kk) Other activities that recover or im-          data collection and submittal best practices           Management Act (16 U.S.C. 1826), including—
                                               prove management of the affected fishery, as            for the information described in paragraph               ‘‘(A) an evaluation of the progress of those
                                               determined by the Secretary.                            (4)(B).                                                efforts, the impacts on living marine re-
                                                  ‘‘(II) DISPLACED FISHERY EMPLOYEES.—                   ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—              sources, including available observer data,
                                               Where appropriate, individuals carrying out               ‘‘(A) AUTHORIZATION.—There are authorized            and specific plans for further action;
                                               the activities described in items (aa) through          to be appropriated to carry out this sub-                ‘‘(B) a list and description of any new fish-
                                               (ff) of subclause (I) shall be individuals who          section such sums as may be necessary.                 eries developed by nations that conduct, or
                                               are, or were, employed in a commercial,                   ‘‘(B) AVAILABILITY OF FUNDS.—Amounts ap-             authorize their nationals to conduct, large-
                                               charter, or Tribal fishery for which the Sec-           propriated under this subsection shall re-             scale driftnet fishing beyond the exclusive
                                               retary has determined that a fishery re-                main available until expended.                         economic zone of any nation; and
                                               source disaster has occurred.                             ‘‘(C) TAX EXEMPT STATUS.—The Fisheries                 ‘‘(C) a list of the nations that conduct, or
                                                  ‘‘(7) LIMITATIONS.—                                  Disasters Fund appropriated under this sub-            authorize their nationals to conduct, large-
                                                  ‘‘(A) FEDERAL SHARE.—                                section shall be a tax exempt fund.’’.                 scale driftnet fishing beyond the exclusive
                                                  ‘‘(i) IN GENERAL.—Except as applied to               SEC. lll. MAGNUSON-STEVENS FISHERY CON-                economic zone of any nation in a manner
                                               Tribes and as provided in clauses (ii) and                         SERVATION AND MANAGEMENT ACT.               that diminishes the effectiveness of or is in-
                                               (iii), the Federal share of the cost of any ac-           (a) REPEAL.—Section 315 of the Magnuson-             consistent with any international agreement
                                               tivity carried out under the authority of this          Stevens Fishery Conservation and Manage-               governing large-scale driftnet fishing to
                                               subsection shall not exceed 75 percent of the           ment Act (16 U.S.C. 1864) is repealed.                 which the United States is a party or other-
                                               cost of that activity.                                    (b) REPORT.—Section 113(b)(2) of the Mag-            wise subscribes; and
                                                  ‘‘(ii) WAIVER.—The Secretary may waive               nuson-Stevens Fishery Conservation and                   ‘‘(2) a description of the actions taken to
                                               the non-Federal share requirements of this              Management Reauthorization Act of 2006 (16             carry out the provisions of section 202(h) of




SSpencer on DSK126QN23PROD with SENATE
                                               subsection, if the Secretary determines                 U.S.C. 460ss note) is amended—                         the Magnuson-Stevens Fishery Conservation
                                               that—                                                     (1) in the paragraph heading, by striking            and Management Act (16 U.S.C. 1822(h)).
                                                  ‘‘(I) no reasonable means are available              ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’;              ‘‘(c) CERTIFICATION.—If, at any time, the
                                               through which the recipient of the Federal                (2) in the matter preceding subparagraph             Secretary, in consultation with the Sec-
                                               share can meet the non-Federal share re-                (A), by striking ‘‘Not later than 2 years after        retary of State and the Secretary of the de-
                                               quirement; and                                          the date of enactment of this Act, and annu-           partment in which the Coast Guard is oper-
                                                  ‘‘(II) the probable benefit of 100 percent           ally thereafter’’ and inserting ‘‘Not later            ating, identifies any nation that warrants in-
                                               Federal financing outweighs the public in-              than 2 years after the date of enactment of            clusion in the list described under subsection




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5313
                                               (b)(1)(C), due to large scale drift net fishing,          (b) EFFECTIVE DATE.—The amendment                        ‘‘(1) IN GENERAL.—An eligible entity may
                                               the Secretary shall certify that fact to the            made by subsection (a) shall take effect as if          use the funds from a grant under this sec-
                                               President. Such certification shall be                  included in the enactment of the Relief for             tion—
                                               deemed to be a certification for the purposes           Workers Affected by Coronavirus Act (con-                  ‘‘(A) to pay costs associated with tourism
                                               of section 8(a) of the Fishermen’s Protective           tained in subtitle A of title II of division A          marketing and promotion activities nec-
                                               Act of 1967 (22 U.S.C. 1978(a)).’’.                     of the CARES Act (Public Law 116–136)).                 essary to assist with economic recovery from
                                                 (c) REPORT ON EFFORTS TO PREPARE AND                                                                          lost revenue due to COVID–19, including to
                                               ADAPT UNITED STATES FISHERY MANAGEMENT                    SA 2621. Mr. BLUNT (for himself, Mr.                  purchase advertisements from local media
                                               FOR THE IMPACTS OF CLIMATE CHANGE.—                     CRAMER, Mr. DAINES, and Mr. SUL-                        outlets, including on radio and television
                                                 (1) IN GENERAL.—Not later than 2 years                                                                        broadcast stations and in newspapers, for the
                                                                                                       LIVAN) submitted an amendment in-
                                               after the date of enactment of this title, the                                                                  purpose of marketing, public awareness, or
                                               Comptroller General of the United States                tended to be proposed to amendment
                                                                                                                                                               information campaigns relating to local
                                               shall submit a report to Congress examining             SA 2499 proposed by Mr. MCCONNELL to                    tourism;
                                               efforts by the Regional Fishery Management              the bill S. 178, to condemn gross human                    ‘‘(B) to pay costs to promote economic re-
                                               Councils, the Atlantic States Marine Fish-              rights violations of ethnic Turkic Mus-                 covery in communities impacted by a decline
                                               eries Commission, and the National Marine               lims in Xinjiang, and calling for an end                in travel, tourism, and events revenue as a
                                               Fisheries Service to prepare and adapt to the           to arbitrary detention, torture, and                    result of COVID–19, including through the
                                               impacts of climate change.                              harassment of these communities in-                     provision of information on the safety and
                                                 (2) CONTENTS OF STUDY.—The report re-                                                                         security of sites for traveler or attendee
                                                                                                       side and outside China; which was or-
                                               quired under paragraph (1) shall include—                                                                       awareness;
                                                 (A) an examination of current or previous             dered to lie on the table; as follows:                     ‘‘(C) to pay cleaning and sanitary costs, in-
                                               efforts (including the 2016 GAO Report on                    At the end, add the following:                     cluding physical modifications, associated
                                               Federal Fisheries Management ), and wheth-              SEC.    3.   SUSTAINING TOURISM ENTERPRISES             with precautions to provide for safe worker,
                                               er those efforts have resulted in changes to                           DURING THE COVID–19 PANDEMIC.            traveler, or event environments; and
                                               management, by the Regional Fishery Man-                  (a) SHORT TITLE.—This section may be                     ‘‘(D) to pay the costs of salaries and ex-
                                               agement Councils, the Atlantic States Ma-               cited as the ‘‘Sustaining Tourism Enter-                penses associated with the operations of the
                                               rine Fisheries Commission, and the National             prises During the COVID–19 Pandemic Act’’               eligible entity with respect to activities de-
                                               Marine Fisheries Service to prepare and                 or the ‘‘STEP Act’’.                                    scribed in subparagraphs (A), (B), and (C).
                                               adapt Federal and jointly managed fisheries               (b) TOURISM AND EVENTS SUPPORT AND PRO-                  ‘‘(2) PROHIBITION.—Funds from a grant
                                               for the impacts of climate change;                      MOTION.—Title II of the Public Works and                under this section may not be used for ac-
                                                 (B) an examination of any guidance issued             Economic Development Act of 1965 is amend-              tivities related to or for purposes of lobbying
                                               to the Regional Fishery Management Coun-                ed by inserting after section 207 (42 U.S.C.            any governmental entity.
                                               cils by the National Marine Fisheries Serv-             3147) the following:                                       ‘‘(f) DISTRIBUTION.—Of the amounts made
                                               ice to prepare and adapt Federal fishery                ‘‘SEC. 208. TOURISM AND EVENTS SUPPORT AND              available to carry out this section—
                                               management for the impacts of climate                                PROMOTION.                                    ‘‘(1) $2,000,000,000 shall be for expedited
                                               change and whether and how that guidance                   ‘‘(a) IN GENERAL.—Not later than 90 days             grants to eligible entities to offset revenue
                                               has been utilized;                                      after the date of enactment of the Sus-                 losses due to the economic impact of COVID–
                                                 (C) identification of and recommendations             taining Tourism Enterprises During the                  19; and
                                               for how best to address the most significant            COVID–19 Pandemic Act, the Secretary shall                 ‘‘(2) any remaining amounts shall be for
                                               economic, social, ecological, or other knowl-           provide grants to eligible entities—                    grants for activities described in subpara-
                                               edge gaps, as well as key funding gaps, that              ‘‘(1) to assist with loss of revenue due to           graphs (A) through (D) of subsection (e)(1).
                                               would increase the ability of the Regional              the economic impact of the Coronavirus Dis-                ‘‘(g) MAXIMUM AMOUNT OF GRANT.—An eli-
                                               Fishery Management Councils, the Atlantic               ease 2019 (COVID–19); and                               gible entity may not receive a grant under
                                               States Marine Fisheries Commission, or the                ‘‘(2) to promote economic recovery in com-            this section in an amount that is—
                                                                                                       munities affected by a decline in tourism                  ‘‘(1) in the case of a grant under subsection
                                               National Marine Fisheries Service to prepare
                                                                                                       and events due to COVID–19.                             (f)(1), more than 80 percent of the loss in rev-
                                               and adapt fishery management for the im-
                                                                                                         ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible           enue experienced by the eligible entity dur-
                                               pacts of climate change;
                                                                                                       to receive a grant under this section is an             ing the period beginning March 1, 2020, and
                                                 (D) recommendations for how the Regional
                                                                                                       entity that performs tourism promotion re-              ending on the date of submission of the ap-
                                               Fishery Management Councils, the Atlantic
                                                                                                       sponsibilities, hosts, organizes, owns, oper-           plication, as compared to the same period in
                                               States Marine Fisheries Commission, and
                                                                                                       ates, or staffs an event venue, a convention,           2019; and
                                               the National Marine Fisheries Service can
                                                                                                       or a trade show, or provides services as a                 ‘‘(2) in the case of a grant under subsection
                                               better adapt fishery management and pre-
                                                                                                       concessionaire to events and tourism loca-              (f)(2), more than 80 percent of the revenue of
                                               pare associated fishing industries and de-
                                                                                                       tions, including—                                       the eligible entity during calendar year 2019.
                                               pendent communities for the impacts of cli-                                                                        ‘‘(h) LIMITATION.—
                                               mate change; and                                          ‘‘(1) a State tourism board or department;
                                                                                                         ‘‘(2) a political subdivision or instrumen-              ‘‘(1) IN GENERAL.—Not more than 15 percent
                                                 (E) recommendations for how to enhance                                                                        of the amounts made available to carry out
                                               the capacity of the National Marine Fish-               tality of a State or local government;
                                                                                                         ‘‘(3) a unit of local government, including a         this section may be used to provide grants to
                                               eries Service to monitor climate-related                                                                        eligible entities that are private businesses.
                                               changes to fisheries and marine ecosystems,             county government;
                                                                                                         ‘‘(4) a Tribal government;                               ‘‘(2) PRIORITY.—The Secretary shall give
                                               to understand the mechanisms of change, to                                                                      priority for the amounts under paragraph (1)
                                               evaluate risks and priorities, to provide fore-           ‘‘(5) a multijurisdictional or regional
                                                                                                       group;                                                  to private businesses that are small business
                                               casts and projections of future conditions, to                                                                  concerns (within the meaning of section 3 of
                                               communicate scientific advice, and to better              ‘‘(6) a nonprofit organization described in
                                                                                                       section 501(c) of the Internal Revenue Code             the Small Business Act (15 U.S.C. 632)).
                                               manage fisheries under changing conditions                                                                         ‘‘(i) NO CEDS REQUIRED.—To receive a
                                               due to climate change.                                  of 1986 and exempt from taxation under sec-
                                                                                                                                                               grant under this section, an eligible entity
                                                                                                       tion 501(a) of that Code;
                                                                                                                                                               shall not be required to have a comprehen-
                                                 SA 2620. Mr. LANKFORD submitted                         ‘‘(7) a quasi-governmental organization;              sive economic development strategy.
                                               an amendment intended to be proposed                    and                                                        ‘‘(j) WAIVER.—The Secretary may waive, or
                                               to amendment SA 2499 proposed by Mr.                      ‘‘(8) a private business.                             specify alternative requirements for, any
                                                                                                         ‘‘(c) APPLICATION.—To be eligible to receive          provision of any statute or regulation that
                                               MCCONNELL to the bill S. 178, to con-
                                                                                                       a grant under this section, an eligible entity          the Secretary administers in connection
                                               demn gross human rights violations of                   shall submit to the Secretary an application
                                               ethnic Turkic Muslims in Xinjiang, and                                                                          with a grant under this section if the Sec-
                                                                                                       at such time, in such manner, and con-                  retary determines that any such waivers or
                                               calling for an end to arbitrary deten-                  taining such information as the Secretary               alternative requirements are necessary to
                                               tion, torture, and harassment of these                  may require.                                            expedite or facilitate the use of the amounts
                                               communities inside and outside China;                     ‘‘(d) SELECTION.—The Secretary shall se-              made available under this section.
                                               which was ordered to lie on the table;                  lect eligible entities to receive grants under             ‘‘(k) FEDERAL SHARE.—Notwithstanding
                                               as follows:                                             this section based on factors to be deter-              section 204, the Federal share of the cost of
                                                 At the appropriate place, insert the fol-             mined by the Secretary, using the best avail-           an activity carried out with a grant under
                                                                                                       able data, including economic impact infor-             this section shall be 100 percent.




SSpencer on DSK126QN23PROD with SENATE
                                               lowing:
                                               SEC. ll. SUPPLEMENTAL EMERGENCY UNEM-                   mation provided by applicants, such as infor-              ‘‘(l) ADMINISTRATION.—
                                                          PLOYMENT RELIEF FOR GOVERN-                  mation on job losses faced by the eligible en-             ‘‘(1) IN GENERAL.—Not more than 2 percent
                                                          MENTAL ENTITIES AND NONPROFIT                tity or within the industry of the eligible en-         of the amounts made available to carry out
                                                          ORGANIZATIONS.                               tity, to address the economic recovery needs            this section may be used for the administra-
                                                 (a) IN GENERAL.—Section 903(i)(1)(B) of the           in areas impacted by the decline in travel,             tive costs of carrying out this section.
                                               Social Security Act (42 U.S.C. 1103(i)(1)(B)) is        tourism, and events activities, and the asso-              ‘‘(2) STAFFING.—
                                               amended by striking ‘‘one-half’’ and insert-            ciated revenues, due to COVID–19.                          ‘‘(A) TEMPORARY APPOINTMENT.—The Sec-
                                               ing ‘‘100 percent’’.                                      ‘‘(e) USE OF FUNDS.—                                  retary may appoint and fix the compensation




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                                               S5314                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               of such temporary personnel as may be nec-                (b) TRANSITIONAL      GOVERNMENT CONTRIBU-           to amendment SA 2499 proposed by Mr.
                                               essary to carry out this section, without re-           TION.—Section 1844      of the Social Security         MCCONNELL to the bill S. 178, to con-
                                               gard to the provisions of title 5, United               Act (42 U.S.C. 1395w) is amended—                      demn gross human rights violations of
                                               States Code, governing appointments in                    (1) in subsection (a), by adding at the end
                                                                                                                                                              ethnic Turkic Muslims in Xinjiang, and
                                               competitive service.                                    the following new sentence: ‘‘In applying
                                                 ‘‘(B) PERMANENT APPOINTMENT.—                         paragraph (1), the amounts transferred under           calling for an end to arbitrary deten-
                                                 ‘‘(i) IN GENERAL.—In the case of an indi-             subsection (e)(1) with respect to enrollees de-        tion, torture, and harassment of these
                                               vidual appointed as temporary personnel                 scribed in subparagraphs (A) and (B) of such           communities inside and outside China;
                                               under subparagraph (A) who has served con-              subsection shall be treated as premiums pay-           which was ordered to lie on the table;
                                               tinuously for not less than 2 years, the Sec-           able and deposited in the Trust Fund under             as follows:
                                               retary may appoint that individual to a posi-           subparagraphs (A) and (B), respectively, of              At the appropriate place, insert the fol-
                                               tion in the Economic Development Adminis-               paragraph (1).’’; and                                  lowing:
                                               tration in the same manner that competitive               (2) by adding at the end the following:
                                                                                                         ‘‘(e)(1) For 2021, there shall be transferred        TITLE ll—SUPPORTING PATIENTS, PRO-
                                               service employees with competitive status
                                                                                                       from the General Fund to the Trust Fund an               VIDERS, OLDER AMERICANS, AND FOS-
                                               are considered for transfer, reassignment, or
                                                                                                       amount, as estimated by the Chief Actuary                TER YOUTH IN RESPONDING TO COVID–
                                               promotion to such positions.
                                                                                                       of the Centers for Medicare & Medicaid Serv-             19
                                                 ‘‘(ii) TREATMENT.—An individual appointed
                                               to a position under clause (i) shall become a           ices, equal to the reduction in aggregate pre-           Subtitle A—Promoting Access to Care and
                                               career-conditional employee, unless the em-             miums payable under this part for a month                               Services
                                               ployee has already completed the service re-            in such year (excluding any changes in                 SEC. l01. MAINTAINING 2021 MEDICARE PART B
                                               quirements for career tenure.                           amounts collected under section 1839(i)) that                      PREMIUM AND DEDUCTIBLE AT 2020
                                                 ‘‘(3) INVESTIGATIONS AND AUDITS.—The Sec-             are attributable to the application of section                     LEVELS CONSISTENT WITH ACTU-
                                                                                                                                                                          ARIALLY FAIR RATES.
                                               retary shall use $3,000,000 of the amounts              1839(a)(7) with respect to—
                                               made available to carry out this section to               ‘‘(A) enrollees age 65 and over; and                   (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-
                                                                                                         ‘‘(B) enrollees under age 65.                        PAYMENT THROUGH FUTURE PREMIUMS.—Sec-
                                               carry out investigations and audits related
                                               to the provision of grants under this section.          Such amounts shall be transferred from time            tion 1839(a) of the Social Security Act (42
                                                                                                       to time as appropriate.                                U.S.C. 1395r(a)) is amended—
                                                 ‘‘(m) FUNDING.—
                                                                                                         ‘‘(2) Premium increases affected under sec-            (1) in the second sentence of paragraph (1),
                                                 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                       tion 1839(a)(6) shall not be taken into ac-            by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),
                                               There is authorized to be appropriated to the
                                                                                                       count in applying subsection (a).                      (6), and (7)’’;
                                               Secretary to carry out this section
                                                                                                         ‘‘(3) There shall be transferred from the              (2) in paragraph (6)(C)—
                                               $10,000,000,000, to remain available until Sep-
                                                                                                       Trust Fund to the General Fund of the                    (A) in clause (i), by striking ‘‘section
                                               tember 30, 2022.
                                                                                                       Treasury amounts equivalent to the addi-               1844(d)(1)’’ and inserting ‘‘subsections (d)(1)
                                                 ‘‘(2)    ADDITIONAL      FUNDING.—Notwith-
                                                                                                       tional premiums payable as a result of the             and (e)(1) of section 1844’’; and
                                               standing any other provision of law, the Sec-
                                                                                                       application of section 1839(a)(6), excluding             (B) in clause (ii), by striking ‘‘paragraph
                                               retary may use any amounts made available
                                                                                                       the aggregate payments attributable to the             (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;
                                               to the Secretary under the heading ‘ECO-
                                                                                                       application of section 1839(i)(3)(A)(ii)(II).’’.       and
                                               NOMIC DEVELOPMENT ASSISTANCE PROGRAMS
                                                                                                         (c) ADDITIONAL TRANSITIONAL GOVERNMENT                 (3) by adding at the end the following:
                                               (INCLUDING TRANSFERS OF FUNDS)’ under the
                                                                                                       CONTRIBUTION.—Section 1844 of the Social Se-             ‘‘(7) In applying this part (including sub-
                                               heading ‘ECONOMIC DEVELOPMENT ADMINIS-                  curity Act (42 U.S.C. 1395w), as amended by            section (i) and section 1833(b)), the monthly
                                               TRATION’ under the heading ‘DEPARTMENT
                                                                                                       subsection (b)(2), is amended by adding at             actuarial rate for enrollees age 65 and over
                                               OF COMMERCE’ in title II of division B of               the end the following:                                 for 2021 shall be the same as the monthly ac-
                                               the CARES Act (Public Law 116–136) that are               ‘‘(f)(1) There shall be transferred from the         tuarial rate for enrollees age 65 and over for
                                               unobligated as of the date of enactment of              General Fund of the Treasury to the Trust              2020.’’.
                                               the Sustaining Tourism Enterprises During               Fund an amount, as estimated by the Chief                (b) TRANSITIONAL GOVERNMENT CONTRIBU-
                                               the COVID–19 Pandemic Act to provide                    Actuary of the Centers for Medicare & Med-             TION.—Section 1844 of the Social Security
                                               grants under this section.’’.                           icaid Services, equal to amounts paid under            Act (42 U.S.C. 1395w) is amended—
                                                                                                       the advance payment program under section                (1) in subsection (a), by adding at the end
                                                 SA 2622. Mr. GRASSLEY submitted                       421.214 of title 42, Code of Federal Regula-           the following new sentence: ‘‘In applying
                                               an amendment intended to be proposed                    tions (or any successor regulation) during             paragraph (1), the amounts transferred under
                                               to amendment SA 2499 proposed by Mr.                    the period beginning on March 28, 2020, and            subsection (e)(1) with respect to enrollees de-
                                               MCCONNELL to the bill S. 178, to con-                   ending on July 9, 2020.                                scribed in subparagraphs (A) and (B) of such
                                                                                                         ‘‘(2) There shall be transferred from the            subsection shall be treated as premiums pay-
                                               demn gross human rights violations of                   Trust Fund to the General Fund of the                  able and deposited in the Trust Fund under
                                               ethnic Turkic Muslims in Xinjiang, and                  Treasury amounts equivalent to the sum of—             subparagraphs (A) and (B), respectively, of
                                               calling for an end to arbitrary deten-                    ‘‘(A) the amounts by which claims have               paragraph (1).’’; and
                                               tion, torture, and harassment of these                  offset (in whole or in part) the amount of               (2) by adding at the end the following:
                                               communities inside and outside China;                   such advance payments described in para-                 ‘‘(e)(1) For 2021, there shall be transferred
                                               which was ordered to lie on the table;                  graph (1); and                                         from the General Fund to the Trust Fund an
                                               as follows:                                               ‘‘(B) the amount of such advance payments            amount, as estimated by the Chief Actuary
                                                                                                       that has been repaid (in whole or in part),            of the Centers for Medicare & Medicaid Serv-
                                                 At the appropriate place, insert the fol-             under the advance payment program under                ices, equal to the reduction in aggregate pre-
                                               lowing:                                                 such section 421.214 (or any such successor            miums payable under this part for a month
                                               SEC. ll. MAINTAINING 2021 MEDICARE PART B               regulation).                                           in such year (excluding any changes in
                                                         PREMIUM AND DEDUCTIBLE AT 2020                  ‘‘(3) Amounts described in paragraphs (1)            amounts collected under section 1839(i)) that
                                                         LEVELS CONSISTENT WITH ACTU-                  and (2) shall be transferred from time to
                                                         ARIALLY FAIR RATES.
                                                                                                                                                              are attributable to the application of section
                                                                                                       time as appropriate.’’.                                1839(a)(7) with respect to—
                                                 (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-                 (d)     INDENTATION     CORRECTION.—Section            ‘‘(A) enrollees age 65 and over; and
                                               PAYMENT THROUGH FUTURE PREMIUMS.—Sec-                   1839(i)(3)(A)(ii) of the Social Security Act (42         ‘‘(B) enrollees under age 65.
                                               tion 1839(a) of the Social Security Act (42             U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov-          Such amounts shall be transferred from time
                                               U.S.C. 1395r(a)) is amended—                            ing the indentation of subclause (I) two ems           to time as appropriate.
                                                 (1) in the second sentence of paragraph (1),          to the right.                                            ‘‘(2) Premium increases affected under sec-
                                               by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),          (e) EMERGENCY DESIGNATION.—                          tion 1839(a)(6) shall not be taken into ac-
                                               (6), and (7)’’;                                           (1) IN GENERAL.—The amounts provided by              count in applying subsection (a).
                                                 (2) in paragraph (6)(C)—                              this section and the amendments made by                  ‘‘(3) There shall be transferred from the
                                                 (A) in clause (i), by striking ‘‘section              this section are designated as an emergency            Trust Fund to the General Fund of the
                                               1844(d)(1)’’ and inserting ‘‘subsections (d)(1)         requirement pursuant to section 4(g) of the            Treasury amounts equivalent to the addi-
                                               and (e)(1) of section 1844’’; and                       Statutory Pay-As-You-Go Act of 2010 (2                 tional premiums payable as a result of the
                                                 (B) in clause (ii), by striking ‘‘paragraph           U.S.C. 933(g)).                                        application of section 1839(a)(6), excluding
                                               (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;           (2) DESIGNATION IN SENATE.—In the Senate,            the aggregate payments attributable to the




SSpencer on DSK126QN23PROD with SENATE
                                               and                                                     this section and the amendments made by                application of section 1839(i)(3)(A)(ii)(II).’’.
                                                 (3) by adding at the end the following:               this section are designated as an emergency              (c) ADDITIONAL TRANSITIONAL GOVERNMENT
                                                 ‘‘(7) In applying this part (including sub-           requirement pursuant to section 4112(a) of H.          CONTRIBUTION.—Section 1844 of the Social Se-
                                               section (i) and section 1833(b)), the monthly           Con. Res. 71 (115th Congress), the concurrent          curity Act (42 U.S.C. 1395w), as amended by
                                               actuarial rate for enrollees age 65 and over            resolution on the budget for fiscal year 2018.         subsection (b)(2), is amended by adding at
                                               for 2021 shall be the same as the monthly ac-                                                                  the end the following:
                                               tuarial rate for enrollees age 65 and over for            SA 2623. Mr. GRASSLEY submitted                        ‘‘(f)(1) There shall be transferred from the
                                               2020.’’.                                                an amendment intended to be proposed                   General Fund of the Treasury to the Trust




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5315
                                               Fund an amount, as estimated by the Chief               2021, the authority provided the Secretary               (A) STUDY.—The Secretary shall conduct a
                                               Actuary of the Centers for Medicare & Med-              under section 1135(b)(8) to waive or modify            study on the impact of telehealth and other
                                               icaid Services, equal to amounts paid under             requirements with respect to a telehealth              virtual services furnished under the Medi-
                                               the advance payment program under section               service, and modifications of policies with            care program under title XVIII of the Social
                                               421.214 of title 42, Code of Federal Regula-            respect to telehealth services made by in-             Security Act (42 U.S.C. 1395 et seq.) during
                                               tions (or any successor regulation) during              terim final rule applicable to such period,            the emergency period described in section
                                               the period beginning on March 28, 2020, and             shall be extended through December 31, 2021.           1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
                                               ending on July 9, 2020.                                   ‘‘(B) NO REQUIREMENT TO EXTEND.— Noth-               5(g)(1)(B)). In conducting such study, the
                                                 ‘‘(2) There shall be transferred from the             ing in subparagraph (A) shall require the              Secretary shall—
                                               Trust Fund to the General Fund of the                   Secretary to extend any specific waiver or               (i) assess the impact of such services on ac-
                                               Treasury amounts equivalent to the sum of—              modification or modifications of policies              cess to care, health outcomes, and spending
                                                 ‘‘(A) the amounts by which claims have                that the Secretary does not find appropriate           by type of physician, practitioner, or other
                                               offset (in whole or in part) the amount of              for extension.                                         entity, and by patient demographics and
                                               such advance payments described in para-                  ‘‘(C)    IMPLEMENTATION.—Notwithstanding             other characteristics that include—
                                               graph (1); and                                          any provision of law, the provisions of this             (I) age, gender, race, and type of eligibility
                                                 ‘‘(B) the amount of such advance payments             paragraph may be implemented by interim                for the Medicare program;
                                               that has been repaid (in whole or in part),             final rule, program instructions or other-               (II) dual eligibility for both the Medicare
                                               under the advance payment program under                 wise.’’.                                               program and the Medicaid program under
                                               such section 421.214 (or any such successor               (b) MEDPAC EVALUATION AND REPORT.—                   title XIX of such Act (42 U.S.C. 1396 et seq.);
                                               regulation).                                              (1) STUDY.—                                            (III) residing in an area of low-population
                                                 ‘‘(3) Amounts described in paragraphs (1)               (A) IN GENERAL.—The Medicare Payment                 density or a health professional shortage
                                               and (2) shall be transferred from time to               Advisory Commission (in this subsection re-            area (as defined in section 332(a)(1)(A) of the
                                               time as appropriate.’’.                                 ferred to as the ‘‘Commission’’) shall conduct         Public Health Service Act (42 U.S.C.
                                                 (d)    INDENTATION      CORRECTION.—Section           an evaluation of—                                      254e(a)(1)(A))) ;
                                               1839(i)(3)(A)(ii) of the Social Security Act (42          (i) the expansions of telehealth services              (IV) diagnoses, such as a diagnosis of
                                               U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov-           under part B of title XVII of the Social Secu-         COVID–19, a chronic condition, or a mental
                                               ing the indentation of subclause (I) two ems            rity Act related to the COVID-19 public                health disorder or substance use disorder;
                                               to the right.                                           health emergency described in section                    (V) telecommunication modality used, in-
                                               SEC. l02. IMPROVEMENTS TO THE MEDICARE                  1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
                                                                                                                                                              cluding extent to which the services are fur-
                                                          HOSPITAL ACCELERATED AND AD-                 5(g)(1)(B)); and
                                                                                                                                                              nished using audio-only technology;
                                                          VANCE PAYMENTS PROGRAMS DUR-                   (ii) the appropriate treatment of such ex-
                                                                                                                                                                (VI) residing in a State other than the
                                                          ING THE COVID–19 PUBLIC HEALTH               pansions after the expiration of such public
                                                          EMERGENCY.                                                                                          State in which the furnishing physician,
                                                                                                       health emergency.
                                                 (a) PART A.—                                                                                                 practitioner, or other entity is located; and
                                                                                                         (B) ANALYSIS.—The evaluation under sub-
                                                 (1)     REPAYMENT      PERIODS.—Section
                                                                                                                                                                (VII) other characteristics and information
                                                                                                       paragraph (A) shall include an analysis of
                                               1815(f)(2)(C) of the Social Security Act (42                                                                   determined appropriate by the Secretary;
                                                                                                       each the following:
                                               U.S.C. 1395g(f)(2)(C)) is amended—                                                                             and
                                                                                                         (i) Which, if any, of such expansions should
                                                 (A) in clause (i), by striking ‘‘120 days’’ and                                                                (ii) to the extent feasible, assess such im-
                                                                                                       be continued after the expiration of the such
                                               inserting ‘‘270 days’’; and                             public health emergency,                               pact based on—
                                                 (B) in clause (ii), by striking ‘‘12 months’’           (ii) Whether any such continued expan-                 (I) the type of technology used to furnish
                                               and inserting ‘‘18 months’’.                            sions should be limited to, or differentially          the service;
                                                 (2) AUTHORITY FOR DISCRETION.—Section                 applied to, clinicians participating in certain          (II) the extent to which patient privacy is
                                               1815(f)(2)(A)(ii) of the Social Security Act (42        value-based payment models.                            protected;
                                               U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert-          (iii) How Medicare should pay for tele-                (III) the extent to which documented or
                                               ing ‘‘(or, with respect to requests submitted           health services after the expiration of such           suspected fraud or abuse occurred; and
                                               to the Secretary on or after July 9, 2020,              public health emergency, and the implica-                (IV) patient satisfaction.
                                               may)’’after ‘‘shall.’’.                                 tions of payment approaches on aggregate                 (B) USE OF INFORMATION.—The Secretary
                                                 (b) PART B.—In carrying out the advance               Medicare program spending,                             may use reliable non-governmental sources
                                               payments program described in section                     (iv) Medicare program integrity and bene-            of information in assessing the impact of
                                               421.214 of title 42, Code of Federal Regula-            ficiary safeguards that may be warranted               characteristics described in subparagraph
                                               tions (or a successor regulation), the Sec-             with the coverage of telehealth services.              (A) under the study.
                                               retary of Health and Human Services, in the               (v) The implications of expanded Medicare              (C) REPORT.—
                                               case of a payment made under such program               coverage of telehealth services for bene-                (i) INTERIM PROVISION OF INFORMATION.—
                                               during the emergency period described in                ficiary access to care and the quality of care         The Secretary shall, as determined appro-
                                               section 1135(g)(1)(B) of the Social Security            provided via telehealth.                               priate, periodically during such emergency
                                               Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request            (vi) Other areas determined appropriate by           period, post on the internet website of the
                                               of the supplier receiving such payment,                 the Commission.                                        Centers for Medicare & Medicaid services
                                               shall—                                                    (2) REPORT.—Not later than June 15, 2021,            data on utilization of telehealth and other
                                                 (1) provide up to 270 days before claims are          the Commission shall submit to Congress a              virtual services under the Medicare program
                                               offset to recoup the payment; and                       report containing the results of the evalua-           and the impact of characteristics described
                                                 (2) allow not less than 14 months from the            tion conducted under paragraph (1), together           in subparagraph (A) on such utilization.
                                               date of the first advance payment before re-            with recommendations for such legislation                (ii) REPORT.—Not later than 15 months
                                               quiring that the outstanding balance be paid            and administrative action as the Commis-               after date of enactment of this Act, the Sec-
                                               in full.                                                sion determines appropriate.                           retary shall submit to Congress a report on
                                                 (c) EFFECTIVE DATE.—The amendments                      (c) HHS PROVISION OF INFORMATION AND                 the study conducted under subparagraph (A),
                                               made by this section shall take effect as if            STUDY AND REPORT.—                                     together with recommendations for such leg-
                                               included     in    the    enactment     of    the         (1) PRE–COVID–19 PUBLIC HEALTH EMERGENCY             islation and administrative action as the
                                               Coronavirus Aid, Relief, and Economic Secu-             TELEHEALTH AUTHORITY.—Not later than 3                 Secretary determines appropriate.
                                               rity Act (Public Law 116–136).                          months after the date of enactment of this             SEC. l04. EXTENDING MEDICARE TELEHEALTH
                                                 (d)      IMPLEMENTATION.—Notwithstanding              Act, the Secretary of Health and Human                            FLEXIBILITIES FOR    FEDERALLY
                                               any other provision of law, the Secretary of            Services (in this subsection referred to as the                   QUALIFIED HEALTH CENTERS AND
                                               Health and Human Services may implement                 ‘‘Secretary’’) shall make available on the                        RURAL HEALTH CLINICS.
                                               the provisions of, and the amendments made              internet website of the Centers for Medicare              (a) IN GENERAL.—Section 1834(m) of the So-
                                               by, this section by program instruction or              & Medicaid Services information describing             cial Security Act (42 U.S.C. 1395m(m)) is
                                               otherwise.                                              the requirements applicable to telehealth              amended—
                                               SEC. l03. AUTHORITY TO EXTEND MEDICARE                  services and other virtual services under the             (1) in paragraph (4)(C)—
                                                          TELEHEALTH WAIVERS.                          original Medicare fee-for-service program                 (A) in clause (i), in the matter preceding
                                                 (a) AUTHORITY.—Section 1834(m) of the So-             under parts A and B of title XVIII of the So-          subclause (I), by striking ‘‘and (7)’’ and in-
                                               cial Security Act (42 U.S.C. 1395m(m)) is               cial Security Act (42 U.S.C. 1395 et seq.) and         serting ‘‘(7), and (8)’’; and
                                               amended by adding at the end the following              the Medicare Advantage program under part                 (B) in clause (ii)(X), by inserting ‘‘or para-




SSpencer on DSK126QN23PROD with SENATE
                                               new paragraph:                                          C of such title prior to the waiver or modi-           graph (8)(A)(i)’’ before the period; and
                                                 ‘‘(9) AUTHORITY TO EXTEND TELEHEALTH                  fication of such requirements during the                  (2) in paragraph (8)—
                                               WAIVERS AND POLICIES.—                                  emergency period described in section                     (A) in the paragraph heading by inserting
                                                 ‘‘(A)   AUTHORITY.—Notwithstanding     the            1135(g)(1)(B) of the Social Security Act (42           ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after
                                               preceding provisions of this subsection and             U.S.C. 1320b–5(g)(1)(B)), as established by            ‘‘DURING ’’;
                                               section 1135, subject to subparagraph (B), if           statute, regulation, and sub-regulatory guid-             (B) in subparagraph (A)—
                                               the     emergency    period  under   section            ance under such title.                                    (i) in the matter preceding clause (i), by in-
                                               1135(g)(1)(B) expires prior to December 31,               (2) STUDY AND REPORT.—                               serting ‘‘and the 5-year period beginning on




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                                               S5316                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               the first day after the end of such emergency           section for a fiscal year for room or board for        shall be in addition to any grants made to
                                               period’’ after ‘‘1135(g)(1)(B)’’;                       youth who have attained age 18, are no                 such courts under section 438 of such Act for
                                                  (ii) in clause (ii), by striking ‘‘and’’ at the      longer in foster care or otherwise eligible for        any fiscal year.
                                               end;                                                    services under such section, and experienced             (B) NO MATCHING REQUIREMENT.—The limi-
                                                  (iii) by redesignating clause (iii) as clause        foster care at 14 years of age or older.               tation on the use of funds specified in section
                                               (iv); and                                                 (c) SPECIAL RULES.—                                  438(d) of such Act (42 U.S.C. 629h(d)) shall not
                                                  (iv) by inserting after clause (ii) the fol-           (1) NONAPPLICATION OF MATCHING FUNDS RE-             apply to the grants awarded under this sec-
                                               lowing new clause:                                      QUIREMENT FOR INCREASED FUNDING.—With                  tion.
                                                  ‘‘(iii) the geographic requirements de-              respect to the amount allotted to a State                (C) NO ADDITIONAL APPLICATION.—The Sec-
                                               scribed in paragraph (4)(C)(i) shall not apply          under section 477(c)(1) of the Social Security         retary shall award grants to the highest
                                               with respect to such a telehealth service;              Act (42 U.S.C. 677(c)(1)) for fiscal year 2020,        State courts under this section without re-
                                               and’’;                                                  the     Secretary      shall    apply    section       quiring such courts to submit an additional
                                                  (C) in subparagraph (B)(i)—                          474(a)(4)(A)(i) of such Act (42 U.S.C.                 application.
                                                  (i) in the first sentence, by inserting ‘‘and        674(a)(4)(A)(i)) to the additional amount of             (D) REPORTS.—The Secretary may estab-
                                               the 5-year period beginning on the first day            such allotment resulting from the deemed               lish reporting criteria specific to the grants
                                               after the end of such emergency period’’ be-            increase in the dollar amount specified in             awarded under this section.
                                               fore the period; and                                    section 477(h)(1) of such Act (42 U.S.C.                 (E) REDISTRIBUTION OF FUNDS.—If a highest
                                                  (ii) in the third sentence, by striking ‘‘pro-       677(h)(1)) for fiscal year 2020 under subsection       State court does not accept a grant awarded
                                               gram instruction or otherwise’’ and inserting           (a) by substituting ‘‘100 percent’’ for ‘‘80 per-      under this section, or does not agree to com-
                                               ‘‘interim final rule, program instruction, or           cent’’.                                                ply with any reporting requirements imposed
                                               otherwise’’; and                                          (2) NO RESERVATION FOR EVALUATION, TECH-             under subparagraph (D) or the use of funds
                                                  (D) by adding at the end the following new           NICAL ASSISTANCE, PERFORMANCE MEASURE-                 requirements specified in subsection (c), the
                                               subparagraph:                                           MENT, AND DATA COLLECTION ACTIVITIES.—Sec-             Secretary shall redistribute the grant funds
                                                  ‘‘(C) REQUIREMENT DURING ADDITIONAL PE-              tion 477(g)(2) of such Act (42 U.S.C. 677(g)(2))       that would have been awarded to that court
                                               RIOD.—                                                  shall not apply to the portion of the deemed           among the other highest State courts that
                                                  ‘‘(i) IN GENERAL.—During the 5-year period           dollar amount for section 477(h)(1) of such            are awarded grants under this section and
                                               beginning on the first day after the end of             Act (42 U.S.C. 677(h)(1)) for fiscal year 2020         agree to comply with such reporting and use
                                               the emergency period described in section               under subsection (a) that exceeds the dollar           of funds requirements.
                                               1135(g)(1)(B), payment may only be made                 amount specified in that section for such fis-           (c) USE OF FUNDS.—A highest State court
                                               under this paragraph for a telehealth service           cal year.                                              awarded a grant under this section shall use
                                               described in subparagraph (A)(i) that is fur-             (d) DEFINITIONS.—In this section:                    the grant funds to address needs stemming
                                               nished to an eligible telehealth individual if            (1) COVID–19 PUBLIC HEALTH EMERGENCY.—               from the COVID–19 public health emergency,
                                               such service is furnished by a qualified pro-           The term ‘‘COVID–19 public health emer-                which may include any of the following:
                                               vider (as defined in clause (ii)).                      gency’’ means the public health emergency                (1) Technology investments to facilitate
                                                  ‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.—            declared by the Secretary pursuant to sec-             the transition to remote hearings for depend-
                                               For purposes of this subparagraph, the term             tion 319 of the Public Health Service Act on           ency courts when necessary as a direct result
                                               ‘qualified provider’ means, with respect to a           January 31, 2020, entitled ‘‘Determination             of the COVID–19 public health emergency.
                                               telehealth service described in subparagraph            that a Public Health Emergency Exists Na-                (2) Training for judges, attorneys, and
                                               (A)(i) that is furnished to an eligible tele-           tionwide as the Result of the 2019 Novel               caseworkers on facilitating and partici-
                                               health individual, a Federally qualified                Coronavirus’’ and includes any renewal of              pating in remote technology hearings that
                                               health center or rural health clinic that fur-          such declaration pursuant to such section              still comply with due process, meet Congres-
                                               nished to such individual, during the 3-year            319.                                                   sionally mandated requirements, ensure
                                               period ending on the date the telehealth                  (2) SECRETARY.—The term ‘‘Secretary’’                child safety and well-being, and help inform
                                               service was furnished, an item or service in            means the Secretary of Health and Human                judicial decision-making.
                                               person for which—                                       Services.                                                (3) Programs to help families address as-
                                                                                                       SEC. l06. COURT IMPROVEMENT PROGRAM.                   pects of the case plan to avoid delays in legal
                                                  ‘‘(I) payment was made under this title; or
                                                  ‘‘(II) such payment would have been made               (a) TEMPORARY FUNDING INCREASES.—Out                 proceedings that would occur as a direct re-
                                               if such individual were entitled to, or en-             of any money in the Treasury of the United             sult of the COVID–19 public health emer-
                                               rolled for, benefits under this title at the            States not otherwise appropriated, there are           gency.
                                                                                                       appropriated to the Secretary, $10,000,000 for           (4) Other purposes to assist courts, court
                                               time such item or service was furnished.’’.
                                                                                                       fiscal year 2020 for making grants in accord-          personnel, or related staff related to the
                                                  (b) EFFECTIVE DATE.—The amendments
                                                                                                       ance with this section to the highest State            COVID–19 public health emergency.
                                               made by this section (other than the amend-
                                                                                                       courts described in section 438 of the Social            (d) DEFINITIONS.—In this section:
                                               ment made by subsection (a)(2)(D)) shall
                                                                                                       Security Act (42 U.S.C. 629h). Grants made               (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                               take effect as if included in the enactment of          under this section shall be considered to be
                                               the Coronavirus Aid, Relief, and Economic                                                                      The term ‘‘COVID–19 public health emer-
                                                                                                       Court Improvement Program grants made
                                               Security Act (Public Law 116–136).                                                                             gency’’ means the public health emergency
                                                                                                       under such section 438, subject to the suc-
                                               SEC. l05. SUPPORT FOR OLDER FOSTER YOUTH.                                                                      declared by the Secretary pursuant to sec-
                                                                                                       ceeding provisions of this section.
                                                 (a)   FUNDING    INCREASES.—The   dollar                (b) DISTRIBUTION OF FUNDS.—                          tion 319 of the Public Health Service Act on
                                               amount specified in section 477(h)(1) of the              (1) IN GENERAL.—From the amount appro-               January 31, 2020, entitled ‘‘Determination
                                               Social Security Act (42 U.S.C. 677(h)(1)) for           priated under subsection (a), the Secretary            that a Public Health Emergency Exists Na-
                                               fiscal year 2020 is deemed to be $193,000,000.          shall—                                                 tionwide as the Result of the 2019 Novel
                                                 (b) PROGRAMMATIC FLEXIBILITY.—During                    (A) reserve up to $500,000 for Tribal court          Coronavirus’’ and includes any renewal of
                                               the COVID–19 public health emergency:                   improvement activities; and                            such declaration pursuant to such section
                                                 (1) SUSPENSION OF CERTAIN REQUIREMENTS                  (B) pay from the amount remaining after              319.
                                               UNDER THE EDUCATION AND TRAINING VOUCHER                the application of subparagraph (A), a grant             (2) SECRETARY.—The term ‘‘Secretary’’
                                               PROGRAM.—The Secretary may allow a State                to each highest State court that is approved           means the Secretary of Health and Human
                                               to waive the applicability of the requirement           to receive a grant under section 438 of the            Services.
                                               in section 477(i)(3) of the Social Security Act         Social Security Act for the purpose described           Subtitle B—Emergency Support and COVID–
                                               (42 U.S.C. 677(i)(3)) that a youth must be en-          in subsection (a)(3) of that section for fiscal               19 Protection for Nursing Homes
                                               rolled in a postsecondary education or train-           year 2020.                                             SEC. l11. DEFINITIONS.
                                               ing program or making satisfactory progress               (2) AMOUNT.—The amount of the grant                    In this subtitle:
                                               toward completion of that program if a                  awarded to a highest State court under this              (1) COVID–19.—The term ‘‘COVID–19’’
                                               youth is unable to meet these requirements              section is equal to the sum of—                        means the 2019 Novel Coronavirus or 2019-
                                               due to the public health emergency.                       (A) $85,000; and                                     nCoV.
                                                 (2) AUTHORITY TO WAIVE LIMITATIONS ON                   (B) the amount that bears the same ratio               (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                               PERCENTAGE OF FUNDS USED FOR HOUSING AS-                to the amount appropriated under subsection            RIOD.—The term ‘‘COVID–19 public health
                                               SISTANCE AND ELIGIBILITY FOR SUCH ASSIST-               (a) that remains after the application of              emergency period’’ means the period begin-
                                               ANCE.—Notwithstanding subsections (b)(3)(B)             paragraph (1)(A) and subparagraph (A) of this          ning on the first day of the emergency period
                                               and (b)(3)(C) of section 477 of the Social Se-          paragraph, as the number of individuals in             defined in paragraph (1)(B) of section 1135(g)




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                                               curity Act (42 U.S.C. 677), a State may—                the State who have not attained 21 years of            of the Social Security Act (42 U.S.C. 1320b-
                                                 (A) use more than 30 percent of the                   age bears to the total number of such indi-            5(g)) and ending on the last day of the cal-
                                               amounts paid to the State from its allot-               viduals in all States (based on the most re-           endar quarter in which the last day of such
                                               ment under subsection (c) of such section for           cent year for which data are available from            emergency period occurs.
                                               a fiscal year for room or board payments;               the Bureau of the Census).                               (3) NURSING FACILITY.—The term ‘‘nursing
                                               and                                                       (3) OTHER RULES.—                                    facility’’ has the meaning given that term in
                                                 (B) expend amounts paid to the State from               (A) IN GENERAL.—The grants awarded to                section 1919(a) of the Social Security Act (42
                                               its allotment under subsection (c) of such              the highest State courts under this section            U.S.C. 1396r(a)).




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S5317
                                                  (4) PARTICIPATING PROVIDER.—The term                 ment and not supplant response efforts car-            title are designated as an emergency require-
                                               ‘‘participating provider’’ means a skilled              ried out by a State strike team or a tech-             ment pursuant to section 4(g) of the Statu-
                                               nursing facility or a nursing facility that has         nical assistance team established by the Sec-          tory Pay-As-You-Go Act of 2010 (2 U.S.C.
                                               been assigned a national provider identifier            retary during the COVID-19 public health               933(g)).
                                               number by the Secretary and has executed                emergency period.                                        (b) DESIGNATION IN SENATE.—In the Senate,
                                               an agreement to participate in the Medicare             SEC. l13. PROMOTING COVID–19 TESTING AND               this title and the amendments made by this
                                               program established under title XVIII of the                       INFECTION CONTROL IN NURSING                title are designated as an emergency require-
                                               Social Security Act (42 U.S.C. 1395 et seq.) or                    FACILITIES.                                 ment pursuant to section 4112(a) of H. Con.
                                               the Medicaid program established under title              (a) NURSING HOME PROTECTIONS.—The Sec-               Res. 71 (115th Congress), the concurrent reso-
                                               XIX of such Act (42 U.S.C. 1396 et seq.).               retary, in consultation with the Elder Jus-            lution on the budget for fiscal year 2018.
                                                  (5) SECRETARY.—The term ‘‘Secretary’’                tice Coordinating Council, is authorized dur-
                                               means the Secretary of Health and Human                 ing the COVID–19 public health emergency                 SA 2624. Mr. MORAN submitted an
                                               Services.                                               period to enhance efforts by participating             amendment intended to be proposed to
                                                  (6) SKILLED NURSING FACILITY.—The term               providers to respond to COVID–19, including            amendment SA 2499 proposed by Mr.
                                               ‘‘skilled nursing facility’’ has the meaning            through—                                               MCCONNELL to the bill S. 178, to con-
                                               given that term in section 1819(a) of the So-             (1) development of online training courses           demn gross human rights violations of
                                               cial Security Act (42 U.S.C. 1395i–3(a)).               for personnel of participating providers, sur-         ethnic Turkic Muslims in Xinjiang, and
                                                  (7) STATE.—Except as otherwise provided,             vey agencies, the long-term care ombudsman             calling for an end to arbitrary deten-
                                               the term ‘‘State’’ has the meaning given                of each State, and other individuals to facili-        tion, torture, and harassment of these
                                               such term for purposes of title XIX of the So-          tate the implementation of subsection (b);
                                               cial Security Act (42 U.S.C. 1396 et seq.).                                                                    communities inside and outside China;
                                                                                                         (2) enhanced diagnostic testing of visitors
                                               SEC.   l12. ESTABLISHING COVID–19 STRIKE                to, personnel of, and residents of, partici-           which was ordered to lie on the table;
                                                          TEAMS FOR NURSING FACILITIES.                pating providers in which measures of                  as follows:
                                                 (a) IN GENERAL.—The Secretary is author-              COVID–19 in the community support more                   At the appropriate place, insert the fol-
                                               ized to establish and support the operation of          frequent testing for COVID–19;                         lowing:
                                               strike teams comprised of individuals with                (3) development of training materials for            TITLE ll PRIVATE-PUBLIC PARTNER-
                                               relevant skills, qualifications, and experi-            personnel of participating providers, the                SHIP TO PRESERVE JOBS IN THE AVIA-
                                               ence to respond to COVID–19-related crises in           long-term care ombudsman of each State,                  TION MANUFACTURING INDUSTRY
                                               participating providers during the COVID–19             and other individuals to facilitate the imple-         SEC. ll01. DEFINITIONS.
                                               public health emergency period, based on                mentation of subsection (c); and                          In this title:
                                               data reported by such providers to the Cen-               (4) providing support to participating pro-             (1) AT-RISK EMPLOYEE GROUP.—The term
                                               ters for Disease Control and Prevention.                viders in areas deemed by the Secretary to
                                                 (b) MISSION AND COMPOSITION OF STRIKE                                                                        ‘‘at-risk employee group’’ means the portion
                                                                                                       require additional assistance due to the pres-         of an employer’s United States workforce
                                               TEAMS.—
                                                                                                       ence COVID–19 infections.                              that—
                                                 (1) IN GENERAL.—Strike teams established
                                                                                                         (b) TRAINING ON BEST PRACTICES IN INFEC-                (A) does not exceed 25 percent of the em-
                                               by the Secretary may include assessment,
                                                                                                       TION CONTROL AND PREVENTION.—                          ployer’s total United States workforce; and
                                               testing, and clinical teams, and a mission for
                                                                                                         (1) IN GENERAL.—The Secretary shall de-                 (B) as of the date an application is sub-
                                               each such team may include performing
                                                                                                       velop training courses on infection control            mitted, is at risk of a furlough or permanent
                                               medical examinations, conducting COVID–19
                                                                                                       and prevention, including cohorting, strate-           reduction in force but for the relief provided
                                               testing, and assisting participating providers
                                                                                                       gies and use of telehealth to mitigate the             for in this title.
                                               with the implementation of infection control
                                                                                                       transmission of COVID–19 in participating                 (2) AVIATION MANUFACTURING COMPANY.—
                                               practices (such as quarantine, isolation, or
                                                                                                       providers during the COVID–19 public health            The term ‘‘aviation manufacturing com-
                                               disinfection procedures).
                                                                                                       emergency period.                                      pany’’ means those businesses that hold a
                                                 (2) LETTER OF AUTHORIZATION.—Strike
                                                                                                         (2) DEVELOPMENT.—To the extent prac-                 Federal Aviation Administration Type Cer-
                                               teams and members of such teams shall be
                                                                                                       ticable, the training programs developed by            tificate, Production Certificate, Repair Sta-
                                               subject to the Secretary’s oversight and di-
                                                                                                       the Secretary under this subsection shall use          tion Certificate, or other similar authoriza-
                                               rection and the Secretary may issue a letter
                                                                                                       best practices in infection control and pre-           tion from the Federal Aviation Administra-
                                               of authorization to team members describ-
                                                                                                       vention.                                               tion, and as the Secretary may determine,
                                               ing—
                                                                                                         (3) COORDINATION WITH OTHER FEDERAL EN-              may include civil aviation suppliers of such
                                                 (A) the individual’s designation to serve on
                                                                                                       TITIES.—The Secretary shall seek input as              businesses.
                                               1 or more teams under an emergency procla-
                                                                                                       appropriate on the training courses devel-                (3) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                               mation by the Secretary;
                                                                                                       oped under this subsection from the Elder              The term ‘‘COVID–19 public health emer-
                                                 (B) the mission of the team;                                                                                 gency’’ means the public health emergency
                                                                                                       Justice Coordinating Council and the Direc-
                                                 (C) the authority of the individual to per-                                                                  with respect to the 2019 Novel Coronavirus.
                                                                                                       tor of the Centers for Disease Control and
                                               form the team mission;                                                                                            (4) EMPLOYEE.—The term ‘‘employee’’ has
                                                                                                       Prevention.
                                                 (D) the individual’s authority to access                                                                     the meaning given that term in section 3 of
                                                                                                         (4) INTERACTIVE WEBSITE.—The Secretary is
                                               places, persons, and materials necessary for                                                                   the Fair Labor Standards Act of 1938 (29
                                                                                                       authorized to create an interactive website
                                               the team member’s performance of the                                                                           U.S.C. 203)).
                                                                                                       to disseminate training materials and re-
                                               team’s mission;                                                                                                   (5) EMPLOYER.—The term ‘‘employer’’
                                                                                                       lated information in the areas of infection
                                                 (E) the requirement that team members                                                                        means an aviation manufacturing company
                                                                                                       control and prevention, for purposes of car-
                                               maintain the confidentiality of patient in-                                                                    that is an employer (as defined in section 3
                                                                                                       rying out this subsection during the COVID–
                                               formation shared with such individuals by a                                                                    of the Fair Labor Standards Act of 1938 (29
                                                                                                       19 public health emergency period.
                                               participating provider; and                                                                                    U.S.C. 203)).
                                                                                                       SEC.   l14.    PROMOTING TRANSPARENCY IN
                                                 (F) the required security background                                                                            (6) PRIVATE PARTNER CONTRIBUTION.—The
                                                                                                                     COVID–19 REPORTING BY NURSING
                                               checks that the individual has passed.                                FACILITIES.                              term ‘‘private partner contribution’’ means
                                                 (3) SECRETARIAL OVERSIGHT.—The Sec-                     Not later than 10 days after the date of en-         the contribution funded by the employer
                                               retary may, at any time, disband any strike                                                                    under this title to maintain a minimum of 50
                                                                                                       actment of this Act, and at least weekly
                                               team and rescind the letter of authorization                                                                   percent of the at-risk employee group’s total
                                                                                                       thereafter during the COVID-19 public health
                                               for any team member.                                                                                           compensation level, and combined with the
                                                                                                       emergency period, the Secretary shall pro-
                                                 (4) TEAM AND MEMBER AUTHORITY.—A team                                                                        public partner contribution, is sufficient to
                                                                                                       vide the Governor of each State with a list of
                                               and team member may not use the letter of                                                                      maintain the total compensation level for
                                                                                                       all participating providers in the State with
                                               authorization described in paragraph (2) for                                                                   the at-risk employee group as of April 1,
                                                                                                       respect to which the reported cases of
                                               any purpose except in connection with the                                                                      2020.
                                                                                                       COVID–19 in visitors to, personnel of, and
                                               team’s mission of acting in good faith to pro-                                                                    (7) PUBLIC PARTNER CONTRIBUTION.—The
                                                                                                       residents of, such providers increased during
                                               mote resident and employee safety in par-                                                                      term ‘‘public partner contribution’’ means
                                                                                                       the previous week (or, in the case of the first
                                               ticipating providers in which COVID–19 is                                                                      the contribution funded by the Federal Gov-
                                                                                                       such list, during the 10-day period beginning
                                               confirmed to be present.                                                                                       ernment under this title to provide not more
                                                                                                       on the date of enactment of this Act).
                                                 (5) ADMINISTRATION.—The Secretary, in                                                                        than 50 percent of the at-risk employees
                                                                                                       SEC. l15. FUNDING.
                                               consultation with the Director of the Cen-                                                                     group’s total compensation level, and com-
                                                                                                         The Secretary may use amounts appro-
                                               ters for Disease Control and Prevention, may                                                                   bined with the private partner contribution,




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                                                                                                       priated for COVID–19 response and related
                                               establish protocols and procedures for re-                                                                     is sufficient to maintain the total compensa-
                                                                                                       activities pursuant to the CARES Act (Pub-
                                               questing the assistance of a strike team es-                                                                   tion level for those in the at-risk employee
                                                                                                       lic Law 116–136) and subsequently enacted
                                               tablished under this section and any other                                                                     group as of April 1, 2020.
                                                                                                       legislation to carry out this subtitle.
                                               procedures deemed necessary for the team’s                                                                        (8) SECRETARY.—The term ‘‘Secretary’’
                                               operation.                                                   Subtitle C—Emergency Designation                  means the Secretary of the Treasury, or the
                                                 (6) SUPPLEMENTATION OF OTHER RESPONSE                 SEC. l21. EMERGENCY DESIGNATION.                       designee of the Secretary of the Treasury.
                                               EFFORTS.—Strike teams established by the                  (a) IN GENERAL.—The amounts provided by                 (9) TOTAL COMPENSATION LEVEL.—The term
                                               Secretary under this section shall supple-              this title and the amendments made by this             ‘‘total compensation level’’ means the level




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                                               S5318                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2020
                                               of total base compensation and benefits                   (1) the relevant financial performance of            day’s national service programs carry on the
                                               being provided to an at-risk employee group             the employer, including the extent to which            legacy of the CCC and WPA.
                                               employee, excluding overtime and premium                the employer has experienced a deterioration             (5) Founded in 1990, the Corporation for Na-
                                               pay, as of April 1, 2020.                               in cash position, loss of revenue, and other           tional and Community Service today coordi-
                                               SEC. ll02. PRIVATE-PUBLIC PARTNERSHIP.                  relevant information;                                  nates national service by individuals in the
                                                 (a) AUTHORITY TO ENTER INTO AGREEMENTS                  (2) information regarding the likelihood             United States across every State and terri-
                                               AND MAKE CONTRIBUTIONS.—Notwithstanding                 the employer will need to impose a furlough            tory, partnering with State-level commis-
                                               any other provision of law, to help ensure              or permanent reduction in force of employ-             sions and supporting locally driven services
                                               the continued retention of employees in the             ees in the at-risk employee group in the ab-           in partnership with nongovernmental organi-
                                               aviation manufacturing industry impacted                sence of the partnership and the factors that          zations and State governments.
                                               by the COVID–19 public health emergency,                would be used to determine which employees               (6) National service programs provide pub-
                                               the Secretary is authorized to partner with             in the at-risk employee group are likely to            lic health, education, employment training,
                                               employers to supplement compensation of an              be so affected, including whether the selec-           and nutrition services for which the Nation
                                               at-risk employee group financially impacted             tion of employees to be so affected would be           has a critical need in the current crisis.
                                               by the COVID–19 public health emergency                 based on a general reduction in headcount                (7) The signature programs of the Corpora-
                                               and to facilitate the effective economic re-            across the business or by location (or both),          tion for National and Community Service,
                                               covery of the aviation manufacturing indus-             position, or other factors; and                        which are the AmeriCorps State and Na-
                                               try by entering into agreements with such                 (3) any other information the Secretary              tional, AmeriCorps National Civilian Com-
                                               employers and providing public partner con-             deems relevant to determining whether to               munity Corps, AmeriCorps VISTA, and Na-
                                               tributions in accordance with this title. The           enter into a private-public partnership with           tional Senior Service Corps programs, can
                                               public partner contributions made under                 an employer or to the terms for such a part-           and should be expanded to meet current
                                               such an agreement when combined with the                nership with a specific employer.                      needs.
                                               private partner contribution, shall be in an              (e) NO LIMIT ON NUMBER AGREEMENTS WITH                 (8) The novel coronavirus pandemic has in-
                                               amount sufficient to maintain the total                 AN EMPLOYER.—An employer may seek and                  fected and killed individuals in every State
                                               compensation level for the at-risk employee             be granted public partner contributions                and territory, causing more than 2,000,000
                                               group as of April 1, 2020, for a term to be             under this title on multiple occasions.                cases and 115,000 deaths so far.
                                               agreed, but for a duration that is not longer             (f) COORDINATION.—In implementing this                 (9) In response, States, tribal governments,
                                               than 1 year.                                            section, the Secretary shall coordinate with           and cities across the country have closed
                                                 (b) PROCEDURES.—As soon as practicable,               the Secretary of Transportation and the Sec-           down businesses, schools, and public events,
                                               but in no case not later than 10 days after             retary of Commerce.                                    leading to a dramatic drop in economic ac-
                                               the date of enactment of this Act, the Sec-               (g) AGREEMENT DEADLINE.—No agreement                 tivity and a sharp projected decline in the
                                               retary shall publish procedures for applica-            shall be entered into by the Secretary under           United States economy.
                                               tion and minimum eligibility requirements               the private-public partnership program au-               (10) More than 40,000,000 applications for
                                               for participation in the private-public part-           thorized under this title after the end of the         unemployment benefits have been filed in re-
                                               nership program authorized under this title.            1-year period that begins on the effective             cent weeks, with weekly filings repeatedly
                                               Nothing in the preceding sentence shall be              date for the first agreement entered into              exceeding historic record levels.
                                               construed as prohibiting the Secretary from             under such program.                                      (11) More than 1 in every 10 adults in the
                                               publishing such supplements to the initially            SEC. ll03. FUNDING.                                    United States has applied for unemployment
                                               published procedures as the Secretary deter-              Out of any funds in the Treasury not other-          insurance since the crisis began.
                                               mines necessary.                                        wise appropriated, there are appropriated to             (12) The pandemic and the associated eco-
                                                 (c) TERMS AND CONDITIONS.—Upon submis-                the Secretary $14,400,000,000 for the period of        nomic consequences have disproportionately
                                               sion of an application, the Secretary may               fiscal years 2020 through 2021, to carry out           impacted people of color across many States.
                                               partner with an employer to provide to the              this title.                                              (13) To recover, the Nation also needs
                                               employer a public partner contribution, that                                                                   meaningful employment opportunities, as
                                               together with the private partner contribu-               SA 2625. Mr. WICKER (for himself,                    well as a significant expansion of the human
                                               tion, shall constitute an amount sufficient             Mr. RUBIO, Mr. BLUNT, Mrs. BLACK-                      capital working to address community needs
                                               to maintain the total compensation level of             BURN, Ms. COLLINS, Mr. CORNYN, Mrs.                    around public health, behavioral health,
                                               the at-risk employee group, for a period not            HYDE-SMITH, Mr. CASSIDY, and Mr.                       hunger, education, and conservation.
                                               to exceed 1 year, if the Secretary determines           GRAHAM) submitted an amendment in-                       (14) Experience has demonstrated the cen-
                                               that—                                                   tended to be proposed to amendment                     trality of community participation in pan-
                                                 (1) the employer establishes that economic                                                                   demic response, to overcome stigma and
                                                                                                       SA 2499 proposed by Mr. MCCONNELL to
                                               conditions as of the date of the application                                                                   structural barriers and meet the full needs of
                                               would make necessary a furlough or perma-               the bill S. 178, to condemn gross human                all members of a diverse community.
                                               nent reduction in force of a portion of its             rights violations of ethnic Turkic Mus-                  (15) As the Nation works to respond to and
                                               workforce devoted to aviation manufac-                  lims in Xinjiang, and calling for an end               recover from the current twin challenges of
                                               turing;                                                 to arbitrary detention, torture, and                   a public health pandemic and an economic
                                                 (2) there is an identifiable at-risk employee         harassment of these communities in-                    crisis, national service presents a unique op-
                                               group;                                                  side and outside China; which was or-                  portunity for flexible, locally driven re-
                                                 (3) the employer agrees to fund the private           dered to lie on the table; as follows:                 sponses to meet State and local public
                                               partner contribution for as long as it is ac-                                                                  health, employment, and recovery needs.
                                                                                                         At the appropriate place, insert the fol-
                                               cepting the public partner contribution (and,                                                                  SEC. ll3. PURPOSES.
                                                                                                       lowing:
                                               in the event circumstances dictate that the                                                                      The purposes of this title are—
                                               employer cease its participation in this pro-                     TITLE ll CORPS ACT                             (1) to provide for annual growth of 250,000
                                               gram early, the employer agrees and shall               SEC. ll 1. SHORT TITLE.—                               participants, over 3 years, in national service
                                               notify the Secretary that there shall be no               This title may be cited as the ‘‘Cultivating         programs, such as the Public Land Corps
                                               further obligation of the Secretary to fund             Opportunity and Response to the Pandemic               (also known as the 21st Century Conserva-
                                               the public partner contribution);                       through Service Act’’ or the ‘‘CORPS Act’’.            tion Service Corps) programs and other
                                                 (4) the employer commits to refrain from              SEC. ll2. FINDINGS.                                    AmeriCorps programs, that will provide serv-
                                               any furlough or permanent reduction in                    Congress finds the following:                        ices in response to the pandemic and eco-
                                               force of employees in the at-risk employee                (1) The United States has a strong history           nomic crisis;
                                               group for as long as it accepts public partner          of citizen response to national calls to serv-           (2) to ensure that participant allowances
                                               contributions for that group, subject to the            ice in order to help the Nation recover in             cover the reasonable cost of participation
                                               employer’s right to discipline or terminate             times of crisis.                                       and provide participants with economic and
                                               an employee in accordance with employer                   (2) More than 80 years ago, the Nation rose          educational opportunity;
                                               policy;                                                 to the challenge of the Great Depression                 (3) to stabilize such national service pro-
                                                 (5) the employer shall use the public and             with the creation of citizen service programs          grams during economic crisis; and
                                               private partner contribution solely for the             like the Civilian Conservation Corps (re-                (4) to support opportunities for all individ-
                                               purpose of providing compensation and bene-             ferred to in this section as the ‘‘CCC’’) and          uals in the United States to engage in serv-
                                               fits of the at-risk employee group and for no           the Works Progress Administration (referred            ice.
                                               other purpose; and                                      to in this section as the ‘‘WPA’’).                    SEC. ll4. DEFINITIONS.




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                                                 (6) the public and private partner contribu-            (3) Millions of participants benefitted from           (a) NCSA.—Section 101 of the National and
                                               tion shall be utilized solely for compensation          paid employment and opportunities to de-               Community Service Act of 1990 (42 U.S.C.
                                               of United States-based employees.                       velop their skills while constructing na-              12511) is amended—
                                                 (d)     CONSIDERATIONS.—In        determining         tional parks and public lands infrastructure             (1) by redesignating paragraphs (13)
                                               whether to enter into a private-public part-            and producing cultural works still enjoyed             through (16), (17) through (35), and (36)
                                               nership with an employer and the terms for              today.                                                 through (49), as paragraphs (14) through (17),
                                               such a partnership with a specific employer,              (4) Following decades of evolution, incor-           (19) through (37), and (39) through (52), re-
                                               the Secretary may consider—                             porating policies of both political parties, to-       spectively;




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5319
                                                 (2) by inserting after paragraph (12) the fol-        health departments and the recommenda-                   ‘‘(ii) PRIORITY PROJECTS.—For fiscal years
                                               lowing:                                                 tions of the Director of the Centers for Dis-          2020 through 2023, the Corporation shall give
                                                 ‘‘(13) COVID–19 DEFINITIONS.—                         ease Control and Prevention;                           priority to entities submitting applications
                                                 ‘‘(A) COVID–19 EMERGENCY RESPONSE AND                   ‘‘(iv) work that furthers the capacity of            for projects under this subtitle in the same
                                               RECOVERY      PERIOD.—The    term ‘COVID–19             nonprofit and community organizations to               manner as the Corporation gives priority to
                                               emergency response and recovery period’                 respond to the immediate needs of individ-             entities submitting applications for national
                                               means the period beginning on the first day             uals affected by COVID–19;                             service programs under section 122(f)(5).’’;
                                               of the COVID–19 public health emergency                   ‘‘(v) services that support economic oppor-          and
                                               and ending at the end of fiscal year 2023.              tunity;                                                  (2) in subsection (c)—
                                                 ‘‘(B) COVID–19 PUBLIC HEALTH EMERGENCY.—                ‘‘(vi) education, including enrichment and             (A) in paragraph (1), by striking ‘‘The cam-
                                               The term ‘COVID–19 public health emer-                  adult education and literacy activities;               pus’’ and inserting ‘‘Except as provided in
                                               gency’ means the public health emergency                  ‘‘(vii) services to address housing and food         paragraph (3), the campus’’; and
                                               declared by the Secretary of Health and                 insecurity; and                                          (B) by adding at the end the following:
                                               Human Services under section 319 of the                   ‘‘(viii) jobs for youth in preserving and re-          ‘‘(3)   SURGE     CAPACITY     AND  PRIORITY
                                               Public Health Service Act (42 U.S.C. 247d) on           storing nature;                                        PROJECTS.—The Corporation shall assign the
                                               January 31, 2020, with respect to COVID–19.’’;            ‘‘(B) who—                                           projects described in clauses (i) and (ii) of
                                                 (3) by inserting after paragraph (17), as so            ‘‘(i) are—                                           subsection (b)(1)(C) to specified Corps cam-
                                               redesignated, the following:                              ‘‘(I) current (as of the date of the applica-        puses.’’.
                                                 ‘‘(18) HIGH-POVERTY AREA.—The term ‘high              tion submission) or former recipients of fi-             (c) AMERICORPS VISTA.—Section 109 of the
                                               -poverty area’ means a census tract defined             nancial assistance under the program for               Domestic Volunteer Service Act of 1973 (42
                                               as high-poverty by the Bureau of the Cen-               which the application is submitted; and                U.S.C. 4960) is amended by adding at the end
                                               sus.’’; and                                               ‘‘(II) able to provide services directly re-         the following: ‘‘For fiscal years 2020 through
                                                 (4) by inserting after paragraph (37), as so          lated to the response and recovery described           2023, the Corporation shall give priority to
                                                                                                                                                              entities submitting applications for projects
                                               redesignated, the following:                            in subparagraph (A); or
                                                                                                                                                              or programs under this part in the same
                                                 ‘‘(38) PUBLIC LAND CORPS.—The term ‘Pub-                ‘‘(ii) are—
                                                                                                                                                              manner as the Corporation gives priority to
                                               lic Lands Corps’ means the Corps established              ‘‘(I) community-based organizations lo-
                                                                                                                                                              entities submitting applications for national
                                               in section 204 of the Public Lands Corps Act            cated in the rural or high-poverty areas, or
                                                                                                                                                              service programs under section 122(f)(5) of
                                               of 1993 (16 U.S.C. 1723).’’.                            tribal communities, the organizations pro-             the National and Community Service Act of
                                                 (b) DVSA.—Section 421 of the Domestic                 pose to serve; and                                     1990 (42 U.S.C. 12572(f)(5)).’’.
                                               Volunteer Service Act of 1973 (42 U.S.C. 5061)            ‘‘(II) able to provide services directly re-         SEC. ll6. STRENGTHENING OPPORTUNITY.
                                               is amended—                                             lated to the response and recovery described
                                                                                                                                                                 (a) ALLOWANCES.—
                                                 (1) in paragraph (19), by striking ‘‘and’’            in subparagraph (A);
                                                                                                                                                                 (1) DOMESTIC VOLUNTEER SERVICE ACT OF
                                               after the semicolon;                                      ‘‘(C) to the maximum extent practicable—             1973.—Section 105(b) of the Domestic Volun-
                                                 (2) in paragraph (20), by striking the period           ‘‘(i) if the entities are proposing programs         teer Service Act of 1973 (42 U.S.C. 4955(b)) is
                                               at the end and inserting a semicolon; and               that serve, or proposing to give priority for          amended by adding at the end the following:
                                                 (3) by adding at the end the following:               positions to applicants from, underserved                ‘‘(4) Notwithstanding paragraph (2), during
                                                 ‘‘(21)(A) the term ‘COVID–19 emergency re-            populations, such as individuals described in          the COVID–19 emergency response and recov-
                                               sponse and recovery period’ means the period            section 129(a)(1)(B) of the Workforce Innova-          ery period, the Director shall set the subsist-
                                               beginning on the first day of the COVID–19              tion and Opportunity Act (29 U.S.C.                    ence allowance for volunteers under para-
                                               public health emergency and ending at the               3164(a)(1)(B)), minority individuals, individ-         graph (1) for each fiscal year so that—
                                               end of fiscal year 2023; and                            uals who have had contact with the juvenile              ‘‘(A) the minimum allowance is not less
                                                 ‘‘(B) the term ‘COVID–19 public health                justice system, Indians, veterans, and indi-           than an amount equal to 175 percent of such
                                               emergency’ means the public health emer-                viduals whose abilities are not typical, such          poverty line (as defined in section 673(2) of
                                               gency declared by the Secretary of Health               as individuals with intellectual or develop-           the Community Services Block Grant Act)
                                               and Human Services under section 319 of the             mental disabilities;                                   for a single individual as expected for each
                                               Public Health Service Act (42 U.S.C. 247d) on             ‘‘(ii) especially if the entities propose re-        fiscal year; and
                                               January 31, 2020, with respect to COVID–19;             cruiting applicants for positions to serve in            ‘‘(B) the average subsistence allowance, ex-
                                               and                                                     the same metropolitan or micropolitan sta-             cluding allowances for Hawaii, Guam, Amer-
                                                 ‘‘(22) the term ‘Public Lands Corps’ means            tistical area or county as the area or county,         ican Samoa, and Alaska, is not less than 185
                                               the Corps established in section 204 of the             respectively, in which the applicants at-              percent of such poverty line.
                                               Public Lands Corps Act of 1993 (16 U.S.C.               tended a secondary school or institution of              ‘‘(5)(A) A stipend or allowance under this
                                               1723).’’.                                               higher education; and                                  section or an allowance under section 140 of
                                               SEC. ll5. PRIORITIZING RESPONSE SERVICES.                 ‘‘(iii) especially if the entities propose pro-      the National and Community Service Act of
                                                 (a) AMERICORPS STATE AND NATIONAL.—                   grams that serve populations in rural or               1990 (42 U.S.C. 12594) shall not be increased as
                                                 (1) NATIONAL SERVICE PRIORITIES.—Section              high-poverty areas, or tribal communities;             a result of amendments made by the Culti-
                                               122(f) of the National and Community Serv-              and                                                    vating Opportunity and Response to the Pan-
                                               ice Act of 1990 (42 U.S.C. 12572(f)) is amend-            ‘‘(D) that propose to give priority for posi-        demic through Service Act, or any other
                                               ed—                                                     tions to applicants who—                               amendment made to this section or that sec-
                                                 (A) in paragraph (1)—                                   ‘‘(i) were serving outside of the United             tion 140, respectively, unless the funds appro-
                                                 (i) in subparagraph (A), by adding at the             States in the Peace Corps, the J. William              priated for carrying out this part or subtitle
                                               end the following: ‘‘For fiscal years 2020              Fulbright Educational Exchange Program                 C of the National and Community Service
                                               through 2023, the Corporation shall include,            referenced in section 112 of the Mutual Edu-           Act of 1990 (42 U.S.C. 12571 et seq.), respec-
                                               in the national service priorities, the prior-          cational and Cultural Exchange Act of 1961             tively, are sufficient to maintain for the fis-
                                               ities described in paragraph (5).’’; and                (22 U.S.C. 2460), or the program under this            cal year involved a number of participants to
                                                 (ii) in subparagraph (B), by adding at the            subtitle, subtitle E, or part A of title I of the      serve under this part or that subtitle C, re-
                                               end the following: ‘‘For fiscal years 2020              Domestic Volunteer Service Act of 1973 (42             spectively, that is at least equal to the num-
                                               through 2023, each State shall include, in the          U.S.C. 4951 et seq.); but                              ber of such participants so serving during
                                               State priorities, the priorities described in             ‘‘(ii) ended their terms of service early, or        the preceding fiscal year.
                                               paragraph (5).’’; and                                   returned to the United States before the end             ‘‘(B) In the event that sufficient appropria-
                                                 (B) by adding at the end the following:               of their terms of service, due to the COVID–           tions for any fiscal year (consistent with
                                                 ‘‘(5) EMERGENCY PRIORITIES.—For fiscal                19 public health emergency.’’.                         subparagraph (A)) are not available to in-
                                               years 2020 through 2023, the priorities estab-            (b) AMERICORPS NCCC.—Section 157 of the              crease any stipend or allowance under this
                                               lished under paragraph (1) for national serv-           National and Community Service Act of 1990             section or allowance under section 140 of the
                                               ice programs shall provide that the Corpora-            (42 U.S.C. 12617) is amended—                          National and Community Service Act of 1990
                                               tion and the States, as appropriate, shall                (1) in subsection (b)(1), by adding at the           to the minimum amount specified in this
                                               give priority to entities submitting applica-           end the following:                                     section or under that section 140, respec-
                                               tions—                                                    ‘‘(C)    SURGE     CAPACITY     AND   PRIORITY       tively, the Director shall increase the sti-
                                                 ‘‘(A) that propose activities directly re-            PROJECTS.—                                             pend or allowance involved to such amount
                                               lated to the response to and recovery from                ‘‘(i) SURGE CAPACITY PROJECTS.—The Cor-




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                                                                                                                                                              as appropriations for such year permit con-
                                               the COVID–19 public health emergency, such              poration and the Director of the Centers for           sistent with subparagraph (A).’’.
                                               as the provision of—                                    Disease Control and Prevention shall de-                 (2) NATIONAL AND COMMUNITY SERVICE ACT
                                                 ‘‘(i) public health services, including sup-          velop, and the Corporation shall approve, a            OF 1990.—Section 158 of the National and
                                               port for isolation and quarantine activities;           proposal for public health surge capacity              Community Service Act of 1990 (42 U.S.C.
                                                 ‘‘(ii) emergency logistics, such as the setup         projects. In carrying out the projects, the            12618) is amended by adding at the end the
                                               of alternate care sites;                                Corporation and the Director shall develop             following:
                                                 ‘‘(iii) work that furthers the capacity of            and deploy public health surge capacity                  ‘‘(h) ADJUSTMENT TO MAXIMUM ALLOWANCE
                                               State (including territorial), tribal, and local        teams.                                                 DURING COVID–19 RESPONSE AND RECOVERY




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                                               S5320                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2020
                                               PERIOD.—Notwithstanding the limitation on                 (A) IN GENERAL.—Section 117 of the Inter-            online service platform with a gateway to
                                               the allowance amount specified in subsection            nal Revenue Code of 1986 (relating to quali-           connect volunteers in the National Senior
                                               (b), during the COVID–19 emergency response             fied scholarships) is amended by adding at             Service Corps with service projects and en-
                                               and recovery period, the amount of the al-              the end the following new subsection:                  able the volunteers to carry out distance vol-
                                               lowance that the Director shall establish                 ‘‘(e)   NATIONAL     SERVICE    EDUCATIONAL          unteer services. The platform shall be linked
                                               pursuant to that subsection shall be any                AWARDS.—Gross income shall not include                 to and placed prominently on the website of
                                               amount not in excess of the amount equal to             any payments from the National Service                 the Corporation. The Corporation may enter
                                               175 percent of the poverty line that is appli-          Trust established under section 145 of the             into a contract with a public entity to create
                                               cable to a family of 2 (as defined by the Of-           National and Community Service Act of 1990             the platform.
                                               fice of Management and Budget and revised               (42 U.S.C. 12601), including the national serv-          ‘‘(b) TRAINING RESOURCES AND INFORMA-
                                               annually in accordance with section 673(2) of           ice educational award described in subtitle D          TION.—
                                               the Community Services Block Grant Act (42              of title I of such Act (42 U.S.C. 12601 et               ‘‘(1) IN GENERAL.—The Corporation shall
                                               U.S.C. 9902(2))).’’.                                    seq.).’’.                                              provide training resources, information, and
                                                 (b)     NATIONAL    SERVICE     EDUCATIONAL             (B) EXCLUSION OF DISCHARGE OF STUDENT                guidance for the volunteers on the platform.
                                               AWARDS.—Section 147 of the National and                 LOAN DEBT.—Subsection (f) of section 108 of              ‘‘(2) INFORMATION.—The Corporation shall
                                               Community Service Act of 1990 (42 U.S.C.                such Code is amended by adding at the end              provide information to regional offices of the
                                               12603) is amended by adding at the end the
                                                                                                       the following new paragraph:                           Corporation about how to get volunteers in
                                               following:
                                                 ‘‘(f) ADJUSTMENT TO EDUCATIONAL AWARD                   ‘‘(6) PAYMENTS UNDER NATIONAL SERVICE                the National Senior Service Corps connected
                                                                                                       EDUCATIONAL AWARD PROGRAMS.—In the case                to the platform through the gateway.
                                               DURING THE COVID–19 RESPONSE AND RECOV-
                                               ERY.—
                                                                                                       of an individual, gross income shall not in-             ‘‘(3) GUIDANCE.—The Corporation shall
                                                 ‘‘(1) IN GENERAL.—Notwithstanding sub-                clude any amount received as a national                issue guidance for the regional offices about
                                               section (a), an individual described in section         service educational award under subtitle D             how to transfer the programs of the National
                                               146(a) who successfully completes a required            of title I of the National and Community               Senior Service Corps to the platform.
                                               term of full-time national service in an ap-            Service Act of 1990 (42 U.S.C. 12601 et seq.).’’.        ‘‘(4) OUTREACH.—The Corporation shall pro-
                                               proved national service position during the               (C) EFFECTIVE DATE.—The amendments                   vide outreach services to promote the plat-
                                               COVID–19 emergency response and recovery                made by this paragraph shall apply to tax-             form including outreach to institutions of
                                               period shall receive a national service edu-            able years ending after the date of the enact-         higher education, the Department of Vet-
                                               cational award having a value equal to twice            ment of this Act.                                      erans Affairs for mentorship projects, and
                                               the maximum amount of a Federal Pell                    SEC. ll7. INVITING PARTICIPATION.                      State and local governments for community
                                               Grant under section 401 of the Higher Edu-                (a) COORDINATION WITH OTHER YOUTH PRO-               engagement projects.’’.
                                               cation Act of 1965 (20 U.S.C. 1070a) that a stu-        GRAMS.—Section 193A of the National and                  (c) OUTREACH AND PROMOTION CAMPAIGN.—
                                               dent eligible for such Grant may receive in             Community Service Act of 1990 (42 U.S.C.               Section 193A(g) of such Act is amended by
                                               the aggregate (without regard to whether                12651d) is amended by adding at the end the            adding at the end the following:
                                               the funds are provided through discretionary            following:                                               ‘‘(4) OUTREACH AND PROMOTION CAMPAIGN.—
                                               or mandatory appropriations), for the award               ‘‘(j) COORDINATION WITH OTHER YOUTH PRO-               ‘‘(A) IN GENERAL.—In carrying out public
                                               year for which the national service position            GRAMS.—                                                awareness functions under this subsection,
                                               is approved by the Corporation.                           ‘‘(1) COVERED PROGRAMS.—The term ‘cov-               the Corporation shall carry out an outreach
                                                 ‘‘(2) LESS THAN FULL-TIME SERVICE.—Not-               ered program’ means—                                   and promotion campaign to promote pro-
                                               withstanding subsections (b) and (c), an indi-            ‘‘(A) the YouthBuild program carried out             grams under the national service laws with
                                               vidual described in section 146(a) who suc-             by the Secretary of Labor under section 171            opportunities to respond to the COVID–19
                                               cessfully completes a required term of part-            of the Workforce Innovation and Oppor-                 public health emergency, with the goal of
                                               time national service in an approved na-                tunity Act (29 U.S.C. 3226);                           maximizing awareness of those programs
                                               tional service position during the COVID–19               ‘‘(B) the program of the Indian Youth Serv-          among individuals ages 17 through 30.
                                               response and recovery period, or who is serv-           ice Corps under section 210 of the Public                ‘‘(B) REPORT.—The Corporation shall pre-
                                               ing in an approved national service position            Lands Corps Act of 1993 (16 U.S.C. 1727b);             pare and submit to Congress a report that—
                                               and is released, during that period, in ac-               ‘‘(C) a youth conservation corps program               ‘‘(i) evaluates the outreach and promotion
                                               cordance with section 139(c)(1)(A) from com-            under title I of the Act entitled ‘An Act to           campaign; and
                                               pleting the full-time or part-time term of              establish a pilot program in the Departments             ‘‘(ii) contains—
                                               service agreed to by the individual, shall re-          of the Interior and Agriculture designated as            ‘‘(I) an analysis of the measures and re-
                                               ceive that portion of the national service              the Youth Conservation Corps, and for other            sources that would be required for the Cor-
                                               educational award calculated under para-                purposes’, approved August 13, 1970 (com-              poration effectively to notify individuals
                                               graph (1) that corresponds to the quantity of           monly known as the ‘Youth Conservation                 who are ages 17 through 30 every 2 years of
                                               the term of service actually completed by               Corps Act of 1970’; 16 U.S.C. 1701 et seq.); and       opportunities under the national service
                                               the individual.                                           ‘‘(D) the National Guard Youth Challenge             laws and steps to take to apply for those op-
                                                 ‘‘(3) DEFINITION.—In this subsection, the             Program under section 509 of title 32, United          portunities;
                                               term ‘institution of higher education’ has              States Code.                                             ‘‘(II) a description of how the Corporation
                                               the meaning given the term in section                     ‘‘(2) COORDINATION.—The Chief Executive              would ensure those measures would enable
                                               148(h).’’.                                              Officer, in coordination with the Federal              the Corporation to provide that notification
                                                 (c) TAX PROVISIONS.—                                  agency representatives for covered pro-                to targeted individuals from diverse geo-
                                                 (1) INCOME TAX EXCLUSION FOR LIVING AL-               grams, shall develop a plan and make rec-              graphic areas, including individuals who are
                                               LOWANCE.—                                               ommendations in the plan to improve coordi-            ages 17 through 30 living in rural or high-
                                                 (A) IN GENERAL.—Part III of subchapter B              nation between covered programs and pro-               poverty areas, or tribal communities; and
                                               of chapter 1 of the Internal Revenue Code of            grams of the Corporation to meet the needs               ‘‘(III) a recommendation regarding wheth-
                                               1986 is amended by inserting after section              of underserved youth, such as economically             er the Corporation should make the notifica-
                                               139H the following new section:                         disadvantaged youth, minority youth, youth             tions described in subclause (I).’’.
                                               ‘‘SEC. 139I. LIVING ALLOWANCE FOR NATIONAL              who left school without a secondary school               (d) VOLUNTEER GENERATION FUND.—Section
                                                            SERVICE PARTICIPANTS.                      diploma, formerly incarcerated or court-in-            198P(d)(2) of the National and Community
                                                 ‘‘Gross income does not include the                   volved youth, youth who are children of an             Service Act of 1990 (42 U.S.C. 12653p(d)(2)) is
                                               amount of any living allowance provided                 incarcerated parent, youth in foster care (in-         amended by adding at the end the following:
                                               under section 105(b) of the Domestic Volun-             cluding youth aging out of foster care), mi-           ‘‘With respect to grants made with funds ap-
                                               teer Service Act of 1973 (42 U.S.C. 4955(b)) or         grant youth, and other youth who are nei-              propriated as an additional amount under
                                               section 140(a) or 158(b) of the National and            ther enrolled in secondary or postsecondary            section 501(a)(4)(F), the minimum grant
                                               Community Service Act of 1990 (42 U.S.C.                school or participating in the labor mar-              amount shall be not less than $250,000.’’.
                                               12594(a), 12618(b)).’’.                                 ket.’’.                                                SEC. ll8. ENSURING AGILITY.
                                                 (B) CLERICAL AMENDMENT.—The table of                    (b) PLATFORM FOR NATIONAL SENIOR SERV-                 (a) WAIVER OF MATCHING FUNDS REQUIRE-
                                               sections for part III of subchapter B of chap-          ICE CORPS.—Title IV of the Domestic Volun-             MENTS.—Section 189A of the National and
                                               ter 1 of the Internal Revenue Code of 1986 is           teer Service Act of 1973 is amended—                   Community Service Act of 1990 (42 U.S.C.
                                               amended by inserting after the item relating              (1) by redesignating section 421 (42 U.S.C.          12645d) is amended—
                                               to section 139H the following new item:                 5061), as amended by section ll4(b), as sec-             (1) in the section heading, by inserting ‘‘;




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                                               ‘‘Sec. 139I. Living allowance for national              tion 401;                                              MATCHING FUNDS DURING COVID–19 RESPONSE
                                                              service participants.’’.                   (2) by moving that section 401 so as to fol-         AND RECOVERY PERIOD’’ after ‘‘COMMUNITIES’’;
                                                 (C) EFFECTIVE DATE.—The amendments                    low the title heading for title IV; and                and
                                               made by this paragraph shall apply to tax-                (3) by inserting after section 420 (42 U.S.C.          (2) by adding at the end the following:
                                               able years beginning after the date of the en-          5059) the following:                                     ‘‘(c)    COVID–19      RESPONSE.—Notwith-
                                               actment of this Act.                                    ‘‘SEC. 421. ONLINE SERVICE PLATFORM.                   standing any other provision of law, an enti-
                                                 (2) EXCLUSION FROM GROSS INCOME OF NA-                   ‘‘(a) ESTABLISHMENT.—The Chief Executive            ty that receives assistance from the Corpora-
                                               TIONAL SERVICE EDUCATIONAL AWARDS.—                     Officer of the Corporation shall establish an          tion for any program under the national




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5321
                                               service laws (including a State Commission                (e)     AUGMENTATION     AND     EXPANSION           Act of 1990 (42 U.S.C. 12581a) is amended by
                                               and an entity receiving subgrant funds) dur-            GRANTS.—Title IV of the National and Com-              adding at the end the following:
                                               ing the COVID–19 emergency response and                 munity Service Act of 1990 (42 U.S.C. 12671) is           ‘‘(g) INCREASE IN LIMITATION ON TOTAL
                                               recovery period shall not be subject to any             amended—                                               GRANT AMOUNT FOR EDUCATIONAL AWARD
                                               requirements to provide matching funds for                (1) by striking the title IV title heading           ONLY PROGRAM DURING COVID–19 EMERGENCY
                                               any such program, and the Federal share of              and all that follows through the section               RESPONSE AND RECOVERY PERIOD.—Notwith-
                                               such assistance for a recipient (including for          heading for section 401 and inserting the fol-         standing the limit described in subsection
                                               a State Commission and a subgrant recipi-               lowing:                                                (b), during the COVID–19 emergency response
                                               ent) may be 100 percent.’’.                                   ‘‘TITLE IV—RESPONSE PROJECTS                     and recovery period, the Corporation may
                                                 (b) PILOT PROGRAM.—Section 126 of the Na-                                                                    provide the operational support under this
                                                                                                       ‘‘SEC. 401. PROJECTS HONORING VICTIMS OF
                                               tional and Community Service Act of 1990 (42                                                                   section for a program in an amount that is
                                                                                                                   TERRORIST ATTACKS.’’;
                                               U.S.C. 12576) is amended by adding at the end                                                                  not more than $1,600 per individual enrolled
                                                                                                       and                                                    in an approved national service position, or
                                               the following:
                                                 ‘‘(d) DIRECT PLACEMENTS DURING THE                      (2) by adding at the end the following:              not more than $2,000 per such individual if at
                                               COVID–19 RESPONSE AND RECOVERY PERIOD.—                 ‘‘SEC. 402. COVID–19 EMERGENCY RESPONSE AND            least 50 percent of the persons enrolled in the
                                                                                                                     RECOVERY PERIOD AUGMENTATION
                                                 ‘‘(1) IN GENERAL.—Notwithstanding section                                                                    program are disadvantaged youth.’’.
                                                                                                                     AND EXPANSION GRANTS.
                                               178(h), during the COVID–19 emergency re-                                                                         (i) SEASONAL PROGRAM.—
                                               sponse and recovery period, the Corporation               ‘‘During the COVID–19 emergency response                (1) ESTABLISHMENT OF NATIONAL CIVILIAN
                                               shall implement a pilot program allowing                and recovery period, the Corporation may               COMMUNITY         CORPS     PROGRAM.—Section
                                               State Commissions to directly place a por-              award noncompetitive augmentation and ex-              152(b)(2) of the National and Community
                                               tion of individuals who have approved na-               pansion grants, at such time and in such               Service Act of 1990 (42 U.S.C. 12612(b)(2)) is
                                               tional service positions in State national              manner as the Corporation determines ap-               amended by striking ‘‘summer’’ and insert-
                                               service programs in a manner to be deter-               propriate.’’.                                          ing ‘‘seasonal’’.
                                                                                                         (f) TERM OF SERVICE DURING COVID–19                     (2) SEASONAL NATIONAL SERVICE PROGRAM.—
                                               mined by the Corporation.
                                                                                                       EMERGENCY RESPONSE AND RECOVERY PE-                    Section 154 of the National and Community
                                                 ‘‘(2) PRIORITIES.—State Commissions par-
                                                                                                       RIOD.—Section 146 of the National and Com-
                                               ticipating in the pilot program shall, to the                                                                  Service Act of 1990 (42 U.S.C. 12614) is amend-
                                                                                                       munity Service Act of 1990 (42 U.S.C. 12602) is        ed—
                                               extent practicable, prioritize the placement
                                                                                                       amended by adding at the end the following:               (A) in the section heading by striking
                                               of individuals in national service programs
                                                                                                         ‘‘(g) TERM OF SERVICE DURING COVID–19                ‘‘SUMMER’’ and inserting ‘‘SEASONAL’’;
                                               that serve rural or high-poverty areas, or
                                                                                                       EMERGENCY RESPONSE AND RECOVERY PE-                       (B) in subsection (a), by striking ‘‘sum-
                                               tribal communities, especially such pro-
                                                                                                       RIOD.—Notwithstanding the aggregate value
                                               grams carried out by entities that have not                                                                    mer’’ and inserting ‘‘seasonal’’;
                                                                                                       limit described in subsection (c), during the             (C) in subsection (b), by striking ‘‘50 per-
                                               previously been service sponsors for partici-
                                                                                                       COVID–19 emergency response and recovery               cent of the participants in the summer’’ and
                                               pants.
                                                                                                       period, a participant who received 2 national          inserting ‘‘35 percent of the participants in
                                                 ‘‘(3) REPORT.—The Corporation shall pre-
                                                                                                       service educational awards for terms of serv-          the seasonal’’; and
                                               pare and submit a report to Congress at the
                                                                                                       ice concluding before the end of fiscal year              (D) by striking subsection (c) and inserting
                                               end of the pilot program described in para-
                                                                                                       2020 may, as determined by the Corporation,            the following:
                                               graph (1), containing recommendations
                                                                                                       be eligible for an additional term of service             ‘‘(c) SEASONAL PROGRAM.—Persons desiring
                                               about whether and how to continue such a
                                                                                                       and, on the successful completion of that              to participate in the seasonal national serv-
                                               program of direct placements.’’.
                                                 (c) NO SUMMER LIMITATION DURING COVID–                term, a third national service educational             ice program shall enter into an agreement
                                               19 RESPONSE AND RECOVERY PERIOD.—Section                award.’’.                                              with the Director to participate in the Corps
                                               104 of the Domestic Volunteer Service Act of              (g) INCREASE IN LIMITATION ON GRANT                  for a period of not less than 3 months and
                                               1973 (42 U.S.C. 4954) is amended by adding at           AMOUNTS.—                                              not more than 6 months, as specified by the
                                               the end the following:                                    (1) INCREASE IN LIMITATION ON TOTAL GRANT            Director.’’.
                                                 ‘‘(f)(1) Notwithstanding any other provi-             AMOUNT DURING EMERGENCY RESPONSE AND RE-                  (j) NATIONAL SENIOR SERVICE CORPS.—Part
                                               sion of this part, during the COVID–19 emer-            COVERY PERIOD.—Section 189 of the National             D of title II of the Domestic Volunteer Serv-
                                               gency response and recovery period, the Di-             and Community Service Act of 1990 (42 U.S.C.           ice Act of 1973 (42 U.S.C. 5021 et seq.) is
                                               rector may enroll full-time VISTA associ-               12645c) is amended by adding at the end the            amended by adding at the end the following:
                                               ates in a program, during any months of the             following:                                             ‘‘SEC. 229. COVID–19 EMERGENCY RESPONSE AND
                                               year, under such terms and conditions as the              ‘‘(f) INCREASE IN LIMITATION ON TOTAL                              RECOVERY PERIOD.
                                               Director shall determine to be appropriate.             GRANT AMOUNT DURING COVID–19 EMER-                        ‘‘(a) AGE REQUIREMENTS.—Notwithstanding
                                               Such individuals shall be assigned to                   GENCY RESPONSE AND RECOVERY PERIOD.—                   section 201(a), during the COVID–19 emer-
                                               projects that address the needs of under-               Notwithstanding the limits described in sub-           gency response and recovery period, in order
                                               served communities as a result of the                   sections (a) and (e), during the COVID–19              to address the critical needs of local commu-
                                               COVID–19 public health emergency.                       emergency response and recovery period, the            nities across the country as a result of the
                                                 ‘‘(2) In preparing reports relating to pro-           amount of funds approved by the Corpora-               COVID–19 pandemic, individuals who are 45
                                               grams under this Act, the Director shall re-            tion for a grant to operate a program author-          years of age or older may be enrolled as vol-
                                               port on participants, costs, and accomplish-            ized under the national service laws, for sup-         unteers to provide services under part A.
                                               ments under the program under this sub-                 porting individuals serving in approved na-              ‘‘(b)   INCOME     REQUIREMENTS.—Notwith-
                                               section separately.                                     tional service positions, may not exceed, for          standing section 211(d), during the COVID–19
                                                 ‘‘(3) The limitation on funds appropriated            each full-time equivalent position—                    emergency response and recovery period, the
                                               for grants and contracts, as contained in sec-            ‘‘(1) an amount equal to the sum of—                 terms ‘low-income person’ and ‘person of low
                                               tion 108, shall not apply to the program                  ‘‘(A) $7,500; and                                    income’ under such section shall mean any
                                               under this subsection.’’.                                 ‘‘(B) the living allowance established under         person whose income is not more than 400
                                                 (d) VISTA LIMITATION APPLICABILITY.—                  section 140(a) (including any adjustment at-           percent of the poverty line defined in section
                                               Section 108 of the Domestic Volunteer Serv-             tributable to section 105(b)(4) of the Domes-          673(2) of the Community Services Block
                                               ice Act of 1973 (42 U.S.C. 4958) is amended—            tic Volunteer Service Act of 1973 (42 U.S.C.           Grant (42 U.S.C. 9902(2)) and adjusted by the
                                                 (1) in subsection (a), by striking ‘‘Of funds         4955(b))); or                                          Director in the manner described in such sec-
                                               appropriated’’ and inserting ‘‘Subject to sub-            ‘‘(2) for a grant for a program meeting the          tion.’’.
                                               section (c), of funds appropriated’’; and               requirements described in subsection (e), an             (k) FLEXIBILITY.—
                                                 (2) by adding at the end the following:               amount equal to the sum of—                              (1) POLICY OF MAXIMIZING FLEXIBILITY.—It
                                                 ‘‘(c) RULE FOR COVID–19 RESPONSE AND RE-                ‘‘(A) $10,000; and                                   is the sense of the Senate that, in carrying
                                               COVERY      PERIOD.—Notwithstanding        sub-           ‘‘(B) the living allowance established under         out activities under this title, the Corpora-
                                               section (a), during the COVID–19 emergency              section 140(a) (including any adjustment re-           tion for National and Community Service
                                               response and recovery period, in order to ad-           ferred to in paragraph (1)(B)).’’.                     should, consistent with the Domestic Volun-
                                               dress the needs of underserved communities                (2) WAIVER AUTHORITY FOR INCREASED LIMI-             teer Service Act of 1973 (42 U.S.C. 4950 et
                                               related to the COVID–19 pandemic, of funds              TATION.—Section 189(e)(1) of the National and          seq.) and the National and Community Serv-
                                               appropriated for the purpose of this part               Community Service Act of 1990 (42 U.S.C.               ice Act of 1990 (42 U.S.C. 12501), maximize the
                                               under section 501, not more than 75 percent             12645c(e)(1)) is amended by striking ‘‘$19,500’’       flexibility of State Commissions (as defined
                                               may be obligated for the direct cost of sup-            and inserting ‘‘an amount equal to the sum             in section 101 of such Act (42 U.S.C. 12511)) to




SSpencer on DSK126QN23PROD with SENATE
                                               porting volunteers in programs and projects             of $10,000 and the living allowance estab-             award and amend grants, consistent with the
                                               (including new programs and projects that               lished under section 140(a) (including any ad-         purposes of this title, and to rapidly enroll
                                               begin after the date of enactment of the Cul-           justment referred to in subsection (f)(1)(B))’’.       new individuals to serve in programs under
                                               tivating Opportunity and Response to the                  (h) INCREASE IN LIMITATION ON TOTAL                  the national service laws.
                                               Pandemic through Service Act) carried out               GRANT AMOUNT FOR EDUCATIONAL AWARD                       (2) REPORT ON ACTIVITIES TO MAXIMIZE
                                               pursuant to this part, and such funds may be            ONLY PROGRAM DURING COVID–19 EMERGENCY                 FLEXIBILITY.—Not later than 120 days after
                                               obligated regardless of when grant recipients           RESPONSE AND RECOVERY PERIOD.—Section                  the date of enactment of this Act, and in
                                               commenced such programs and projects.’’.                129A of the National and Community Service             consultation with such State Commissions,




                                         VerDate Sep 11 2014   05:51 Aug 07, 2020   Jkt 099060   PO 00000   Frm 00093   Fmt 4637   Sfmt 0634   E:\CR\FM\A06AU6.079   S06AUPT1
                                               S5322                                             CONGRESSIONAL RECORD — SENATE                                                                      August 6, 2020
                                               the Chief Executive Officer of the Corpora-               (d) ADMINISTRATION BY THE CORPORATION                  (2) by inserting after the item relating to
                                               tion for National and Community Service                 AND STATE COMMISSIONS.—Section 501(a)(5) of            the title heading for title IV the following:
                                               shall prepare and submit to the Committee               such Act (42 U.S.C. 12681(a)(5)) is amended—           ‘‘Sec. 401. Definitions.’’;
                                               on Health, Education, Labor, and Pensions of               (1) in subparagraph (A), by striking ‘‘such         and
                                               the Senate and the Committee on Education               sums as may be necessary for each of fiscal              (3) by striking the item relating to section
                                               and Labor of the House of Representatives a             years 2010 through 2014.’’ and inserting ‘‘in          421 and inserting the following:
                                               report containing recommendations on what               addition to any amount appropriated before
                                               additional actions to maximize flexibility for          the date of enactment of the Cultivating Op-           ‘‘Sec. 421. Online service platform.’’.
                                               such State Commissions would strengthen                 portunity and Response to the Pandemic
                                               the work of State Commissions and their                 through Service Act, an additional amount                SA 2626. Mr. TOOMEY submitted an
                                               grantees.                                               of $754,000,000 for fiscal year 2020.’’;
                                                                                                          (2) in subparagraph (B), by striking ‘‘for a
                                                                                                                                                              amendment intended to be proposed to
                                                 (l) FURTHER EXPEDITING RAPID ENROLL-
                                               MENT.—Not later than 90 days after the date             fiscal year, a portion’’ and inserting ‘‘a por-        amendment SA 2499 proposed by Mr.
                                               of enactment of this Act, the Chief Executive           tion (from the amounts appropriated under              MCCONNELL to the bill S. 178, to con-
                                               Officer of the Corporation for National and             subparagraph (A) before the date of enact-             demn gross human rights violations of
                                               Community Service shall review the Cor-                 ment of the Cultivating Opportunity and Re-            ethnic Turkic Muslims in Xinjiang, and
                                               poration’s capacity and shall prepare and               sponse to the Pandemic through Service Act,            calling for an end to arbitrary deten-
                                               submit a report to the Committee on Health,             and an additional portion of $158,000,000,’’;          tion, torture, and harassment of these
                                               Education, Labor, and Pensions of the Sen-              and                                                    communities inside and outside China;
                                               ate and the Committee on Education and                     (3) by adding at the end the following new
                                                                                                       subparagraph:
                                                                                                                                                              which was ordered to lie on the table;
                                               Labor of the House of Representatives con-
                                               taining information about whether a new                    ‘‘(C) OUTREACH AND PROMOTION CAMPAIGN               as follows:
                                               unit within the Corporation for National and            FOR COVID–19 RESPONSE OPPORTUNITIES.—Of                  At the appropriate place, insert the fol-
                                               Community Service should be established to              the amounts appropriated under subpara-                lowing:
                                               provide additional assistance or manage the             graph (A), $10,000,000 shall be made available         SEC. ll. TEMPORARY SUSPENSION OF DUTIES
                                               enrollment process to ensure compliance                 to carry out an outreach and promotion                           ON ARTICLES NEEDED TO COMBAT
                                               with sections 189D and 199I of the National             campaign under section 193A(g)(4).’’.                            THE COVID–19 PANDEMIC.
                                               and Community Service Act of 1990 (42 U.S.C.               (e) AMERICORPS VISTA.—Section 501 of the              (a) IN GENERAL.—An article described in
                                               12645g; 12655i) for incoming participants in            Domestic Volunteer Service Act of 1973 (42             subsection (b) entered, or withdrawn from
                                               national service programs, particularly new             U.S.C. 5081) is amended—                               warehouse for consumption, during the pe-
                                               national service programs receiving program                (1) in subsection (a)(1), by striking               riod specified in subsection (c) shall enter
                                               assistance for the first time.                          ‘‘$100,000,000 for fiscal year 2010 and such           the United States free of duty, including free
                                               SEC. ll9. AUTHORIZATIONS OF APPROPRIA-                  sums as may be necessary for each of the fis-          of any duty that may be imposed as a pen-
                                                         TIONS.                                        cal years 2011 through 2014.’’ and inserting ‘‘,       alty or otherwise imposed in addition to
                                                 (a) AMERICORPS STATE AND NATIONAL; EDU-               in addition to any amount appropriated be-             other duties, including any duty imposed
                                               CATIONAL AWARDS.—                                       fore the date of enactment of the Cultivating          pursuant to—
                                                 (1) IN GENERAL.—Section 501(a)(2) of the              Opportunity and Response to the Pandemic                 (1) section 301 of the Trade Act of 1974 (19
                                               National and Community Service Act of 1990              through Service Act, an additional amount              U.S.C. 2411);
                                               (42 U.S.C. 12681(a)(2)) is amended by striking          of $1,100,000,000 for fiscal year 2020.’’; and           (2) section 232 of the Trade Expansion Act
                                               ‘‘fiscal years 2010 through 2014’’ and all that            (2) in subsection (d), by striking the period       of 1962 (19 U.S.C. 1862); or
                                               follows and inserting ‘‘fiscal year 2020, in ad-        and inserting ‘‘, except that any additional             (3) the International Emergency Economic
                                               dition to any amount appropriated before                amount appropriated under an amendment                 Powers Act (50 U.S.C. 1701 et seq.).
                                                                                                       made by the Cultivating Opportunity and                  (b) ARTICLES DESCRIBED.—An article is de-
                                               the date of enactment of the Cultivating Op-
                                                                                                       Response to the Pandemic through Service               scribed in this subsection if the article is
                                               portunity and Response to the Pandemic
                                                                                                       Act shall remain available for obligation              classified under any of the following statis-
                                               through Service Act, additional amounts
                                                                                                       through fiscal year 2023.’’.                           tical reporting numbers of the Harmonized
                                               of—
                                                                                                          (f) NATIONAL SENIOR SERVICE CORPS.—Sec-             Tariff Schedule of the United States or is
                                                  ‘‘(A) $10,300,000,000, to provide financial as-
                                                                                                       tion 502 of such Act (42 U.S.C. 5082) is amend-        identified by the United States International
                                               sistance under subtitle C of title I; and
                                                                                                       ed by adding at the end the following:                 Trade Commission, after the date of the en-
                                                  ‘‘(B) $3,659,000,000, to provide national serv-
                                                                                                          ‘‘(e) ONLINE SERVICE RESOURCES.—There               actment of this Act, as an article related to
                                               ice educational awards under subtitle D of
                                                                                                       are authorized to be appropriated, to develop          the response to the COVID–19 pandemic:
                                               title I for the total of the number of partici-
                                                                                                       online service resources to carry out parts A,
                                               pants described in section 121(f)(1) for fiscal                                                                2207.10.6090 .........   3824.99.9295 ........   7613.00.0000
                                                                                                       B, C, and E of title II, $5,000,000 for fiscal
                                               years 2020 through 2023.’’.                                                                                    2208.90.8000 .........   3824.99.9297 ........   8419.20.0010
                                                                                                       year 2020.’’.
                                                  (2)    CONFORMING        AMENDMENT.—Section                                                                 2804.40.0000 .........   3923.21.0095 ........   8419.20.0020
                                                                                                       SEC. l10. TABLE OF CONTENTS.
                                               121(f)(1) of such Act (42 U.S.C. 12571(f)(1)) of                                                               2847.00.0000 .........   3923.29.0000 ........   8421.39.8040
                                                                                                         (a) NCSA.—The table of contents in section
                                               such Act is amended by striking subpara-                                                                       3002.13.0000 .........   3926.20.1010 ........   8705.90.0000
                                                                                                       1(b) of the National Community Service Act
                                               graphs (A), (B) and (C) and inserting the fol-                                                                 3002.14.0000 .........   3926.20.1020 ........   8713.10.0000
                                                                                                       of 1990 is amended—
                                               lowing:                                                                                                        3002.15.0000 .........   3926.20.9010 ........   8713.90.0030
                                                                                                         (1) by striking the item relating to section
                                                  ‘‘(A) increase the number of positions to                                                                   3002.19.0000 .........   3926.20.9050 ........   8713.90.0060
                                                                                                       154 and inserting the following:
                                               250,000 per year by fiscal year 2023; and                                                                      3002.20.0000 .........   3926.90.9910 ........   9004.90.0000
                                                  ‘‘(B) ensure that the increase described in          ‘‘Sec. 154. Seasonal national summer pro-              3003.10.0000 .........   3926.90.9990 ........   9018.11.3000
                                               subparagraph (A) is achieved through an ap-                            gram.’’;                                3003.20.0000 .........   3926.90.9996 ........   9018.11.6000
                                               propriate balance of full- and part-time serv-            (2) by striking the item relating to section         3003.60.0000 .........   4015.11.0110 ........   9018.11.9000
                                               ice positions;’’.                                       189A and inserting the following:                      3003.90.0100 .........   4015.11.0150 ........   9018.12.0000
                                                  (b)        AMERICORPS          NCCC.—Section         ‘‘Sec. 189A. Matching requirements for se-             3004.10.1020 .........   4015.19.0510 ........   9018.19.4000
                                               501(a)(3)(A)     of    such    Act    (42  U.S.C.                      verely economically distressed          3004.10.1045 .........   4015.19.0550 ........   9018.19.5500
                                               12681(a)(3)(A)) is amended by striking ‘‘such                          communities; matching funds             3004.10.5045 .........   4015.19.1010 ........   9018.19.7500
                                               sums as may be necessary for each of fiscal                            during COVID–19 response and            3004.10.5060 .........   4015.90.0010 ........   9018.31.0040
                                               years 2010 through 2014.’’ and inserting ‘‘in                          recovery period.’’;                     3004.20.0020 .........   4015.90.0050 ........   9018.31.0080
                                               addition to any amount appropriated before              and                                                    3004.20.0030 .........   4818.50.0000 ........   9018.31.0090
                                               the date of enactment of the Cultivating Op-              (3) by striking the item relating to the             3004.20.0060 .........   4818.90.0000 ........   9018.32.0000
                                               portunity and Response to the Pandemic                  title heading for title IV and all that follows        3004.49.0060 .........   6116.10.6500 ........   9018.39.0020
                                               through Service Act an additional amount of             through the item relating to section 401 and           3004.60.0000 .........   6210.10.2000 ........   9018.39.0040
                                               $592,000,000 for fiscal year 2020.’’.                   inserting the following:                               3004.90.1000 .........   6210.10.5000 ........   9018.39.0050
                                                  (c) VOLUNTEER GENERATION FUND.—Section                    ‘‘TITLE IV—RESPONSE PROJECTS                      3004.90.9210 .........   6210.10.9010 ........   9018.90.3000
                                               501(a)(4) of such Act (42 U.S.C. 12681(a)(4)) is        ‘‘Sec. 401. Projects honoring victims of ter-          3004.90.9285 .........   6210.10.9040 ........   9018.90.7580
                                               amended—                                                               rorist attacks.                         3004.90.9290 .........   6210.50.3500 ........   9018.90.8000
                                                  (1) in subparagraph (A), by striking ‘‘for           ‘‘Sec. 402. COVID–19 emergency response and            3005.10.5000 .........   6210.50.7500 ........   9019.20.0000
                                               each of fiscal years 2010 through 2014’’ and in-                       recovery period augmentation            3005.90.5090 .........   6216.00.5420 ........   9020.00.6000




SSpencer on DSK126QN23PROD with SENATE
                                               serting ‘‘for fiscal year 2020’’; and                                  and expansion grants.’’.                3006.70.0000 .........   6307.90.6090 ........   9020.00.9000
                                                  (2) in subparagraph (F), by striking ‘‘sec-            (b) DVSA.—The table of contents in sec-              3401.11.5000 .........   6307.90.6800 ........   9022.12.0000
                                               tion 198P—’’ and all that follows and insert-           tion 1(b) of the National Community Service            3401.19.0000 .........   6307.90.7200 ........   9025.19.8040
                                               ing ‘‘in addition to any amount appropriated            Act of 1990 is amended—                                3401.20.0000 .........   6307.90.8910 ........   9025.19.8080
                                               before the date of enactment of the Culti-                (1) in the items relating to part D of title         3808.94.1000 .........   6307.90.9889 ........   9026.80.4000
                                               vating Opportunity and Response to the Pan-             II, by adding at the end the following:                3808.94.5000 .........   6505.00.0100 ........   9027.80.2500
                                               demic through Service Act, an additional                ‘‘Sec. 229. COVID–19 emergency response and            3821.00.0000 .........   6505.00.8015 ........   9027.80.4530
                                               amount of $50,000,000 for fiscal year 2020.’’.                         recovery period.’’;                     3822.00.1090 .........   6505.00.9089 ........   9028.20.0000




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                                               August 6, 2020                                                  CONGRESSIONAL RECORD — SENATE                                                                     S5323
                                               3822.00.5090 .........   7311.00.0090 ........   9402.90.0010         this section as the ‘‘Fund’’), to be adminis-          given that term in section 1819(a) of the So-
                                               3822.00.6000 .........   7324.90.0000 ........   9402.90.0020         tered by the Secretary.                                cial Security Act (42 U.S.C. 1395i–3(a)).
                                                                                                                        (2) TRANSFERS.—Beginning on the date of               (7) STATE.—Except as otherwise provided,
                                                 (c) PERIOD SPECIFIED.—The period specified                                                                                 the term ‘‘State’’ has the meaning given
                                                                                                                     enactment of this Act and ending on Sep-
                                               in this subsection is the period—                                                                                            such term for purposes of title XIX of the So-
                                                                                                                     tember 30, 2022, and in a manner consistent
                                                 (1) beginning on the date that is 15 days                                                                                  cial Security Act (42 U.S.C. 1396 et seq.).
                                                                                                                     with section 3302(b) of title 31, there shall be
                                               after the date of the enactment of this Act;                                                                                   (8) TELEVISITATION.—The term ‘‘televisita-
                                                                                                                     transferred to the Fund from the General
                                               and                                                                                                                          tion’’ means telecommunication, including
                                                                                                                     Fund of the Treasury, an amount that is not
                                                 (2) ending on December 31, 2022.                                                                                           but not limited to audio, visual, text com-
                                                                                                                     less than—
                                                                                                                        (A) $50,000,000, if such sums are appro-            munication, video conference, and two-way
                                                 SA 2627. Mr. GRASSLEY (for him-
                                                                                                                     priated by Congress for the Telehealth Re-             audio/video options, by residents of a partici-
                                               self, Mr. DAINES, and Ms. MCSALLY)                                                                                           pating provider with other individuals.
                                                                                                                     source Center of the Federal Office of Rural
                                               submitted an amendment intended to                                    Health Policy of the Office for the Advance-
                                               be proposed to amendment SA 2499 pro-                                 ment of Telehealth to promote the develop-               SA 2628. Mr. GRASSLEY submitted
                                               posed by Mr. MCCONNELL to the bill S.                                 ment of televisitation for participating pro-          an amendment intended to be proposed
                                               178, to condemn gross human rights                                    viders, which shall remain available through           by him to the bill S. 178, to condemn
                                               violations of ethnic Turkic Muslims in                                September 30, 2021; or                                 gross human rights violations of ethnic
                                               Xinjiang, and calling for an end to ar-                                  (B) in the event that appropriated funds            Turkic Muslims in Xinjiang, and call-
                                               bitrary detention, torture, and harass-                               are not available under subparagraph (A), 30           ing for an end to arbitrary detention,
                                                                                                                     percent of the amount of assessments col-              torture, and harassment of these com-
                                               ment of these communities inside and
                                                                                                                     lected under section 1128A of the Social Se-           munities inside and outside China;
                                               outside China; which was ordered to lie                               curity Act (42 U.S.C. 1320a–7a), which shall
                                               on the table; as follows:                                             remain available until expended.
                                                                                                                                                                            which was ordered to lie on the table;
                                                 At the appropriate place, insert the fol-                              (3) USE OF FUNDS.—                                  as follows:
                                               lowing:                                                                  (A) IN GENERAL.—From amounts in the                   At the appropriate place, insert the fol-
                                               SEC. ll. PROMOTING QUALITY OF LIFE FOR                                Fund, in addition to any other amounts                 lowing:
                                                         RESIDENTS OF LONG-TERM CARE                                 available, and without further appropriation,          SEC. ll. EMERGENCY SUPPORT AND COVID–19
                                                         FACILITIES DURING THE COVID–19                                                                                                PROTECTIONS    FOR     NURSING
                                                                                                                     the Secretary shall, during each of fiscal
                                                         EMERGENCY PERIOD.                                                                                                             HOMES.
                                                                                                                     years 2020 and 2021, use amounts available in
                                                 (a) IN GENERAL.—Sections 1819(c)(3) and                                                                                      (a) ESTABLISHING COVID–19 STRIKE TEAMS
                                                                                                                     the Fund to award televisitation grants to
                                               1919(c)(3) of the Social Security Act (42                                                                                    FOR NURSING FACILITIES.—
                                                                                                                     participating providers and, to the extent ap-
                                               U.S.C. 1395i–3(c)(3), 1396r(c)(3)) are each                                                                                    (1) IN GENERAL.—The Secretary is author-
                                                                                                                     propriated funding is available, other long-
                                               amended—                                                                                                                     ized to establish and support the operation of
                                                                                                                     term care facilities designated by the Sec-
                                                 (1) in subparagraph (D), by striking ‘‘and’’                                                                               strike teams comprised of individuals with
                                                                                                                     retary to receive such grants. The Secretary           relevant skills, qualifications, and experi-
                                               at the end;                                                           shall use amounts in the Fund only to sup-
                                                 (2) in subparagraph (E), by striking the pe-                                                                               ence to respond to COVID–19-related crises in
                                                                                                                     plement the funds that would, in the absence           participating providers during the COVID–19
                                               riod and inserting ‘‘; and’’; and                                     of such Federal funds, be made available
                                                 (3) by adding at the end the following new                                                                                 public health emergency period, based on
                                                                                                                     from other Federal, State, and local sources           data reported by such providers to the Cen-
                                               subparagraph:                                                         to promote televisitation, and not to sup-
                                                 ‘‘(F) provide for the use by residents of a                                                                                ters for Disease Control and Prevention.
                                                                                                                     plant such funds.                                        (2) MISSION AND COMPOSITION OF STRIKE
                                               telecommunications device and the Internet,                              (B) GRANTS.—Of the amounts in the Fund
                                               including assistance from facility staff in                                                                                  TEAMS.—
                                                                                                                     used under subparagraph (A), not less than               (A) IN GENERAL.—Strike teams established
                                               the use of such technology, if necessary or                           $25,000,000, if such amounts are available in
                                               requested by the resident or the resident’s                                                                                  by the Secretary may include assessment,
                                                                                                                     the Fund during fiscal year 2020 or 2021, shall        testing, and clinical teams, and a mission for
                                               representative, or the long-term care om-                             be used for grants to address technical, serv-
                                               budsman of a State, to support telecommuni-                                                                                  each such team may include performing
                                                                                                                     ice delivery, operational, or other related            medical examinations, conducting COVID–19
                                               cation during the emergency period de-                                barriers to the timely deployment of tele-
                                               scribed in section 1135(g)(1)(B)(relating to                                                                                 testing, and assisting participating providers
                                                                                                                     visitation in participating providers, includ-         with the implementation of infection control
                                               the 2019 Novel Coronavirus), such as audio,                           ing with respect to addressing inadequate ac-
                                               visual,     text    communication,       video-                                                                              practices (such as quarantine, isolation, or
                                                                                                                     cess to broadband and necessary staff to fa-           disinfection procedures).
                                               conference, and two-way audio/video options,                          cilitate the use of televisitation, tele-
                                               by residents of such facility with family                                                                                      (B) LETTER OF AUTHORIZATION.—Strike
                                                                                                                     communications devices, or other items or              teams and members of such teams shall be
                                               members and other individuals.’’.                                     services as necessary to implement such
                                                 (b) ACCESS DURING THE COVID–19 PUBLIC                                                                                      subject to the Secretary’s oversight and di-
                                                                                                                     televisitation.                                        rection and the Secretary may issue a letter
                                               HEALTH EMERGENCY PERIOD.—
                                                 (1) LONG-TERM CARE FACILITIES.—Not later                               (d) DEFINITIONS.—In this section:                   of authorization to team members describ-
                                               than 30 days after the date of enactment of                              (1) COVID–19 PUBLIC HEALTH EMERGENCY PE-            ing—
                                               this Act, the Secretary shall take steps nec-                         RIOD.—The term ‘‘COVID–19 public health                  (i) the individual’s designation to serve on
                                               essary to ensure that the residents of each                           emergency period’’ means the period begin-             1 or more teams under an emergency procla-
                                               participating provider and of other long-                             ning on the first day of the emergency period          mation by the Secretary;
                                               term care facilities designated by the Sec-                           defined in paragraph (1)(B) of section 1135(g)           (ii) the mission of the team;
                                               retary have access to the devices, Internet,                          of the Social Security Act (42 U.S.C. 1320b-             (iii) the authority of the individual to per-
                                               and assistance necessary to support the tele-                         5(g)) and ending on the last day of the cal-           form the team mission;
                                               visitation practices described in sections                            endar quarter in which the last day of such              (iv) the individual’s authority to access
                                               1819(c)(3)(F) and 1919(c)(3)(F) of the Social                         emergency period occurs.                               places, persons, and materials necessary for
                                               Security Act, as added by subsection (a),                                (2) LONG-TERM CARE FACILITY.—The term               the team member’s performance of the
                                               during the COVID–19 public health emer-                               ‘‘long-term care facility’’ has the meaning            team’s mission;
                                               gency period.                                                         given that term in section 2011(15) of the So-           (v) the requirement that team members
                                                 (2) NOTIFICATION REQUIREMENTS.—In car-                              cial Security Act (42 U.S.C. 1397j(15)).               maintain the confidentiality of patient in-
                                               rying out the amendments made by sub-                                    (3) NURSING FACILITY.—The term ‘‘nursing            formation shared with such individuals by a
                                               section (a) and paragraph (1) of this sub-                            facility’’ has the meaning given that term in          participating provider; and
                                               section, the Secretary shall address—                                 section 1919(a) of the Social Security Act (42           (vi) the required security background
                                                 (A) notification to residents, representa-                          U.S.C. 1396r(a)).                                      checks that the individual has passed.
                                               tives and family members of residents, and                               (4) PARTICIPATING PROVIDER.—The term                  (C) SECRETARIAL OVERSIGHT.—The Sec-
                                               the long-term care ombudsman of each                                  ‘‘participating provider’’ means a skilled             retary may, at any time, disband any strike
                                               State, of access to such televisitation;                              nursing facility or a nursing facility that has        team and rescind the letter of authorization
                                                 (B) how participating providers will ensure                         been assigned a national provider identifier           for any team member.
                                               or enable installation and access to a device                         number by the Secretary and has executed                 (D) TEAM AND MEMBER AUTHORITY.—A team
                                               purchased by, or for the use or benefit of, in-                       an agreement to participate in the Medicare            and team member may not use the letter of
                                                                                                                     program established under title XVIII of the           authorization described in subparagraph (B)




SSpencer on DSK126QN23PROD with SENATE
                                               dividual residents; and
                                                 (C) operational issues or other barriers to                         Social Security Act (42 U.S.C. 1395 et seq.) or        for any purpose except in connection with
                                               ensure timely resident access to the deploy-                          the Medicaid program established under title           the team’s mission of acting in good faith to
                                               ment of such televisitation.                                          XIX of such Act (42 U.S.C. 1396 et seq.).              promote resident and employee safety in
                                                 (c) FUNDING.—                                                          (5) SECRETARY.—The term ‘‘Secretary’’               participating providers in which COVID–19 is
                                                 (1) ESTABLISHMENT OF TELEVISITATION                                 means the Secretary of Health and Human                confirmed to be present.
                                               FUND.—There is established in the Treasury                            Services.                                                (E) ADMINISTRATION.—The Secretary, in
                                               of the United States a fund, to be known as                              (6) SKILLED NURSING FACILITY.—The term              consultation with the Director of the Cen-
                                               the ‘‘Televisitation Fund’’ (referred to in                           ‘‘skilled nursing facility’’ has the meaning           ters for Disease Control and Prevention, may




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                                               S5324                                             CONGRESSIONAL RECORD — SENATE                                                           August 6, 2020
                                               establish protocols and procedures for re-              ING COVID–19 EMERGENCY PERIOD.—The Sec-                   (B) in subsection (b)(5), by inserting ‘‘, and
                                               questing the assistance of a strike team es-            retary shall ensure that participating pro-            $150,000,000 for the emergency period de-
                                               tablished under this subsection and any                 viders and long-term care facilities report all        scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’;
                                               other procedures deemed necessary for the               suspected and confirmed cases of COVID–19              and
                                               team’s operation.                                       among personnel and residents of the pro-                 (C) in subsection (c)(6), by inserting ‘‘, and
                                                 (F) SUPPLEMENTATION OF OTHER RESPONSE                 vider or facility, all COVID–19-related fatali-        $30,000,000 for the emergency period described
                                               EFFORTS.—Strike teams established by the                ties among personnel and residents of the              in section 1135(g)(1)(B)’’ after ‘‘2014’’.
                                               Secretary under this subsection shall supple-           provider or facility, and all fatalities among            (4)     TECHNICAL       AMENDMENT.—Section
                                               ment and not supplant response efforts car-             personnel and residents of the provider or fa-         2011(12)(A) of the Social Security Act (42
                                               ried out by a State strike team or a tech-              cility, whether related to COVID–19 or unre-           U.S.C. 1397j(12)(A)) is amended by striking
                                               nical assistance team established by the Sec-           lated to COVID–19, for the period beginning            ‘‘450b’’ and inserting ‘‘5304’’.
                                               retary during the COVID-19 public health                on January 1, 2020, to the Secretary.                     (e) REDUCING RACIAL DISPARITIES IN NURS-
                                               emergency period.                                          (3) REPORTING OF NURSING FACILITY DATA              ING FACILITIES DURING THE COVID–19 EMER-
                                                 (b) PROMOTING COVID–19 TESTING AND IN-                RELATED TO COVID–19 BY THE SECRETARY.—Not              GENCY.—
                                               FECTION CONTROL IN NURSING FACILITIES.—                 later than 10 days after the date of enact-               (1) TASK FORCE.—The Secretary shall es-
                                                 (1) NURSING HOME PROTECTIONS.—The Sec-                ment of this Act, and at least weekly there-           tablish a task force, to be known as the
                                               retary, in consultation with the Elder Jus-             after during the COVID–19 public health                ‘‘Ethnic and Racial Disparities in Nursing
                                               tice Coordinating Council established under             emergency period, the Secretary shall pro-             Facilities Task Force’’ (referred to in this
                                               section 2021 of the Social Security Act (42             vide the Governor of each State with a list of         subsection as the ‘‘task force’’), to gather
                                               U.S.C. 1397k), is authorized during the                 all participating providers in the State with          data on racial and ethnic disparities in par-
                                               COVID–19 public health emergency period to              respect to which the reported cases of                 ticipating providers during the COVID-19
                                               enhance efforts by participating providers to           COVID–19 in visitors to, personnel of, and             public health emergency period and provide
                                               respond to COVID–19, including through—                 residents of, such providers increased during          recommendations to Federal, State, local,
                                                 (A) development of online training courses            the previous week (or, in the case of the first        and Tribal policymakers on ways to reduce
                                               for personnel of participating providers, sur-          such list, during the 10-day period beginning          such disparities.
                                               vey agencies, the long-term care ombudsman              on the date of enactment of this Act).                    (2) MEMBERSHIP.—The task force shall be
                                               of each State, and other individuals to facili-                                                                composed of the Secretary, the Surgeon Gen-
                                                                                                          (4) CONFIDENTIALITY.—Any information re-
                                               tate the implementation of paragraph (2);                                                                      eral, other Federal, State, and local govern-
                                                                                                       ported under this subsection that is made
                                                 (B) enhanced diagnostic testing of visitors                                                                  ment officials, and individuals appointed by
                                                                                                       available to the public shall be made so
                                               to, personnel of, and residents of, partici-                                                                   the Secretary with firsthand knowledge of,
                                                                                                       available in a manner that protects the iden-
                                               pating providers in which measures of                                                                          or expertise relating to, disparities in access
                                                                                                       tity of residents of participating providers
                                               COVID–19 in the community support more                                                                         to quality care for residents of participating
                                                                                                       and long-term care facilities.
                                               frequent testing for COVID–19;                                                                                 providers who are members of racial or eth-
                                                 (C) development of training materials for                (d) EXTENDING ELDER JUSTICE ACT PROTEC-             nic minority groups. In appointing such indi-
                                               personnel of participating providers, the               TIONS DURING THE COVID–19 EMERGENCY PE-                viduals, the Secretary shall ensure the indi-
                                               long-term care ombudsman of each State,                 RIOD.—                                                 viduals appointed provide ample representa-
                                               and representatives and family members of                  (1) LONG-TERM CARE OMBUDSMAN PROGRAM                tion with respect to the demographics of
                                               residents; and                                          GRANTS AND TRAINING.—Section 2043 of the               residents and caregivers of such partici-
                                                 (D) providing support to participating pro-           Social Security Act (42 U.S.C. 1397m–2) is             pating providers, particularly with respect
                                               viders in areas deemed by the Secretary to              amended—                                               to residents and caregivers of such facilities
                                               require additional assistance due to the pres-             (A) in subsection (a)—                              who are members of racial or ethnic minor-
                                               ence COVID–19 infections.                                  (i) in paragraph (1)(A), by inserting ‘‘(in-        ity groups.
                                                 (2) TRAINING ON BEST PRACTICES IN INFEC-              cluding during the emergency period de-                   (3) ADMINISTRATION.—
                                               TION CONTROL AND PREVENTION.—                           scribed in section 1135(g)(1)(B), from amounts            (A) CHAIRPERSON.—The Secretary shall
                                                 (A) IN GENERAL.—The Secretary shall de-               made available with respect to such period in          serve as the chairperson of the task force.
                                               velop training courses on infection control             accordance with paragraph (2)(D))’’ before             The Surgeon General shall serve as the vice
                                               and prevention, including cohorting, strate-            the semicolon; and                                     chairperson.
                                               gies and use of telehealth to mitigate the                 (ii) in paragraph (2)—                                 (B) STAFF.—The task force shall have 2
                                               transmission of COVID–19 in participating                  (iii) in subparagraph (B), by striking ‘‘and’’      full-time staff members.
                                               providers during the COVID–19 public health             after the semicolon;                                      (C) MEETINGS.—The task force shall con-
                                               emergency period.                                          (iv) in subparagraph (C), by striking the           vene at least monthly, with the first meeting
                                                 (B) DEVELOPMENT.—To the extent prac-                  period at the end and inserting a semicolon;           to occur within 60 days after the enactment
                                               ticable, the training programs developed by             and                                                    of this Act.
                                               the Secretary under this subsection shall use              (v) by adding at the end the following:                (4) REPORTING AND RECOMMENDATIONS.—
                                               best practices in infection control and pre-               ‘‘(D) for the emergency period described in            (A) MONTHLY REPORTS.—Not later than 45
                                               vention.                                                section 1135(g)(1)(B), $12,000,000.’’;                 days after the 1st meeting of the task force,
                                                 (C) COORDINATION WITH OTHER FEDERAL EN-                  (B) in subsection (b)—                              and monthly thereafter, the task force shall
                                               TITIES.—The Secretary shall seek input as                  (i) in paragraph (1), by inserting ‘‘(includ-       submit to Congress and the Federal Emer-
                                               appropriate on the training courses devel-              ing during the emergency period described in           gency Management Agency a report that in-
                                               oped under this subsection from the Elder               section 1135(g)(1)(B), from amounts made               cludes—
                                               Justice Coordinating Council and the Direc-             available with respect to such period in ac-              (i) recommended methodologies for im-
                                               tor of the Centers for Disease Control and              cordance with paragraph (2))’’ before the pe-          proving Federal data collection on resident
                                               Prevention.                                             riod; and                                              outcomes in participating providers with dis-
                                                 (D) INTERACTIVE WEBSITE.—The Secretary                   (ii) in paragraph (2), by inserting before the      proportionately high rates of admission of
                                               is authorized to create an interactive                  period the following: ‘‘, and for the emer-            individuals who are members of racial or
                                               website to disseminate training materials               gency        period   described      in    section     ethnic minority groups;
                                               and related information in the areas of infec-          1135(g)(1)(B), $12,000,000’’.                             (ii) the identification of participating pro-
                                               tion control and prevention, for purposes of               (2) ELDER JUSTICE COORDINATING COUNCIL.—            viders evidencing racial or ethnic disparities
                                               carrying out this subsection during the                    (A) MEMBERSHIP.—Section 2021(b)(1) of the           in psychotropic drug usage, infection preven-
                                               COVID–19 public health emergency period.                Social Security Act (42 U.S.C. 1397k(b)(1)) is         tion and control deficiencies, hospitalization
                                                 (c) PROMOTING TRANSPARENCY IN COVID–19                amended—                                               rates, infectious disease rates, injury rates,
                                               REPORTING BY NURSING FACILITIES AND LONG-                  (i) by redesignating subparagraph (C) as            abuse rates, neglect rates, fatality rates, and
                                               TERM CARE FACILITIES.—                                  subparagraph (D); and                                  any additional areas, as determined by the
                                                 (1) COLLECTION AND REPORTING OF STAFFING                 (ii) by inserting after subparagraph (B), the       task force based on available public health
                                               DATA BY NURSING FACILITIES DURING COVID–19              following:                                             data (or, if no such data are available, on the
                                               EMERGENCY PERIOD.—The Secretary shall de-                  ‘‘(C) The Administrator of the Federal              basis of such other publicly available data or
                                               velop a plan for ensuring that participating            Emergency Management Agency.’’.                        information as the task force may deter-
                                               providers resume compliance with the re-                   (B) DUTIES.—Section 2021(f)(1) of such Act          mine);
                                               quirement, under section 1128I(g) of the So-            (42 U.S.C. 1397k(f)(1)) is amended by inserting           (iii) the identification of factors, including
                                               cial Security Act (42 U.S.C. 1320a–7j(g)), to           ‘‘the Federal Emergency Management Agen-               Federal and State policies, that have con-




SSpencer on DSK126QN23PROD with SENATE
                                               electronically submit direct care staffing in-          cy,’’ after ‘‘Justice,’’.                              tributed to racial or ethnic health disparities
                                               formation based on payroll and other                       (3) ADULT PROTECTIVE SERVICES FUNCTIONS             in resident outcomes in participating pro-
                                               auditable data (including measures to ensure            AND GRANT PROGRAMS.—Section 2042 of the                viders, and actions Congress (and if appro-
                                               that the submitted data includes direct care            Social Security Act (42 U.S.C. 1397m–1) is             priate, other entities) can take to address
                                               staffing information for the entire duration            amended—                                               these factors; and
                                               of the COVID–19 emergency period).                         (A) in subsection (a)(2), by inserting ‘‘, and         (iv) recommendations for best practices to
                                                 (2) COLLECTION AND REPORTING OF DATA RE-              $5,000,000 for the emergency period described          promote improvements in participating pro-
                                               LATED TO COVID–19 BY NURSING FACILITIES DUR-            in section 1135(g)(1)(B)’’ after ‘‘2014’’;             viders evidencing racial or ethnic disparities




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5325
                                               in psychotropic drug usage, infection preven-           given that term in section 2011(15) of the So-         section (a) and paragraph (1) of this sub-
                                               tion and control deficiencies, hospitalization          cial Security Act (42 U.S.C. 1397j(15)).               section, the Secretary shall address—
                                               rates, infectious disease rates, injury rates,             (4) NURSING FACILITY.—The term ‘‘nursing               (A) notification to residents, representa-
                                               abuse and neglect rates, fatality rates, or             facility’’ has the meaning given that term in          tives and family members of residents, and
                                               any additional areas determined by the task             section 1919(a) of the Social Security Act (42         the long-term care ombudsman of each
                                               force.                                                  U.S.C. 1396r(a)).                                      State, of access to such televisitation;
                                                  (B) CONSULTATION WITH INDIAN TRIBES.—In                 (5) PARTICIPATING PROVIDER.—The term                   (B) how participating providers will ensure
                                               submitting reports and recommendations                  ‘‘participating provider’’ means a skilled             or enable installation and access to a device
                                               under this paragraph, the task force shall              nursing facility or a nursing facility that has        purchased by, or for the use or benefit of, in-
                                               consult with Indian Tribes and Tribal orga-             been assigned a national provider identifier           dividual residents; and
                                               nizations.                                              number by the Secretary and has executed                  (C) operational issues or other barriers to
                                                  (C) SUNSET.—The task force shall termi-              an agreement to participate in the Medicare            ensure timely resident access to the deploy-
                                               nate on December 31, 2022.                              program established under title XVIII of the           ment of such televisitation.
                                                  (f) ACHIEVING SAVINGS IN HEALTH CARE                 Social Security Act (42 U.S.C. 1395 et seq.) or           (c) FUNDING.—
                                               PROGRAMS BY REDUCING IMPROPER PRE-                      the Medicaid program established under title              (1) ESTABLISHMENT OF TELEVISITATION
                                               SCRIBING OF CONTROLLED SUBSTANCES.—                     XIX of such Act (42 U.S.C. 1396 et seq.).              FUND.—There is established in the Treasury
                                                  (1) IN GENERAL.—Within 120 days of enact-               (6) SECRETARY.—The term ‘‘Secretary’’               of the United States a fund, to be known as
                                               ment of this Act and annually thereafter,               means the Secretary of Health and Human                the ‘‘Televisitation Fund’’ (referred to in
                                               the Secretary shall report all Medicare rev-            Services.                                              this section as the ‘‘Fund’’), to be adminis-
                                               ocation actions or preclusion list placements              (7) SKILLED NURSING FACILITY.—The term              tered by the Secretary.
                                               to the Drug Enforcement Administration                  ‘‘skilled nursing facility’’ has the meaning              (2) TRANSFERS.—Beginning on the date of
                                               that are based totally or in part on the im-            given that term in section 1819(a) of the So-          enactment of this Act and ending on Sep-
                                               proper prescribing, administering, or dis-              cial Security Act (42 U.S.C. 1395i–3(a)).              tember 30, 2022, and in a manner consistent
                                               pensing of controlled substances.                          (8) STATE.—Except as otherwise provided,            with section 3302(b) of title 31, there shall be
                                                  (2) DEFINITIONS.—The terms used in this              the term ‘‘State’’ has the meaning given               transferred to the Fund from the General
                                               subsection shall have the meaning given                 such term for purposes of title XIX of the So-         Fund of the Treasury, an amount that is not
                                               such terms in section 102 of the Controlled             cial Security Act (42 U.S.C. 1396 et seq.).            less than—
                                               Substances Act (42 U.S.C. 802). For purposes                                                                      (A) $50,000,000, if such sums are appro-
                                               of paragraph (1), the ‘‘improper prescribing,             SA 2629. Mr. GRASSLEY (for him-                      priated by Congress for the Telehealth Re-
                                               administering, or dispensing of controlled                                                                     source Center of the Federal Office of Rural
                                               substances’’ includes doing so in any of the            self, Mr. DAINES, and Ms. MCSALLY)                     Health Policy of the Office for the Advance-
                                               following respects:                                     submitted an amendment intended to                     ment of Telehealth to promote the develop-
                                                  (A) In excessive quantities.                         be proposed by him to the bill S. 178, to              ment of televisitation for participating pro-
                                                  (B) For other than a legitimate medical              condemn gross human rights violations                  viders, which shall remain available through
                                               purpose or outside the usual course of profes-          of ethnic Turkic Muslims in Xinjiang,                  September 30, 2021; or
                                               sional practice.                                        and calling for an end to arbitrary de-                   (B) in the event that appropriated funds
                                                  (C) Beyond the scope of the practitioner’s           tention, torture, and harassment of                    are not available under subparagraph (A), 30
                                               DEA registration.                                                                                              percent of the amount of assessments col-
                                                  (D) In any other manner not permitted by
                                                                                                       these communities inside and outside                   lected under section 1128A of the Social Se-
                                               the Controlled Substances Act (21 U.S.C. 801            China; which was ordered to lie on the                 curity Act (42 U.S.C. 1320a–7a), which shall
                                               et. seq.).                                              table; as follows:                                     remain available until expended.
                                                  (3) ACCESS TO EVIDENCE.—When making the                At the appropriate place, insert the fol-               (3) USE OF FUNDS.—
                                               reports required under paragraph (1), the               lowing:                                                   (A) IN GENERAL.—From amounts in the
                                               Secretary shall provide the Drug Enforce-               SEC. ll. PROMOTING QUALITY OF LIFE FOR                 Fund, in addition to any other amounts
                                               ment Administration with any relevant                             RESIDENTS OF LONG-TERM CARE                  available, and without further appropriation,
                                               records or other evidence that Drug Enforce-                      FACILITIES DURING THE COVID–19               the Secretary shall, during each of fiscal
                                               ment Administration requests for purposes                         EMERGENCY PERIOD.                            years 2020 and 2021, use amounts available in
                                               of carrying out its functions under the Con-              (a) IN GENERAL.—Sections 1819(c)(3) and              the Fund to award televisitation grants to
                                               trolled Substances Act. The Drug Enforce-               1919(c)(3) of the Social Security Act (42              participating providers and, to the extent ap-
                                               ment Administration may use any such in-                U.S.C. 1395i–3(c)(3), 1396r(c)(3)) are each            propriated funding is available, other long-
                                               formation or other evidence provided by the             amended—                                               term care facilities designated by the Sec-
                                               Secretary for the purposes of any criminal,               (1) in subparagraph (D), by striking ‘‘and’’         retary to receive such grants. The Secretary
                                               civil, or administrative proceeding arising             at the end;                                            shall use amounts in the Fund only to sup-
                                               out the Controlled Substances Act.                        (2) in subparagraph (E), by striking the pe-         plement the funds that would, in the absence
                                                  (g) FUNDING.—                                        riod and inserting ‘‘; and’’; and                      of such Federal funds, be made available
                                                  (1) CARES ACT.—-The Secretary may use                  (3) by adding at the end the following new           from other Federal, State, and local sources
                                               amounts appropriated for COVID–19 response              subparagraph:                                          to promote televisitation, and not to sup-
                                               and related activities pursuant to the                    ‘‘(F) provide for the use by residents of a          plant such funds.
                                               CARES Act (Public Law 116–136) and subse-               telecommunications device and the Internet,               (B) GRANTS.—Of the amounts in the Fund
                                               quently enacted legislation to carry out this           including assistance from facility staff in            used under subparagraph (A), not less than
                                               section and the amendments made by this                 the use of such technology, if necessary or            $25,000,000, if such amounts are available in
                                               section.                                                requested by the resident or the resident’s            the Fund during fiscal year 2020 or 2021, shall
                                                  (2) PREVENTION AND PUBLIC HEALTH FUND.—              representative, or the long-term care om-              be used for grants to address technical, serv-
                                               The Secretary may use amounts in the Pre-               budsman of a State, to support telecommuni-            ice delivery, operational, or other related
                                               vention and Public Health Fund, established             cation during the emergency period de-                 barriers to the timely deployment of tele-
                                               under section 4002 of the Patient Protection            scribed in section 1135(g)(1)(B)(relating to           visitation in participating providers, includ-
                                               and Affordable Care Act of 2010, to carry out           the 2019 Novel Coronavirus), such as audio,            ing with respect to addressing inadequate ac-
                                               this section and the amendments made by                 visual,     text    communication,      video-         cess to broadband and necessary staff to fa-
                                               this section, including by providing financial          conference, and two-way audio/video options,           cilitate the use of televisitation, tele-
                                               assistance to participating providers as ap-            by residents of such facility with family              communications devices, or other items or
                                               propriate for implementation of the require-            members and other individuals.’’.                      services as necessary to implement such
                                               ments of this section and the amendments                  (b) ACCESS DURING THE COVID–19 PUBLIC                televisitation.
                                               made by this section.                                   HEALTH EMERGENCY PERIOD.—                                 (d) DEFINITIONS.—In this section:
                                                  (h) DEFINITIONS.—In this section:                      (1) LONG-TERM CARE FACILITIES.—Not later                (1) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                                  (1) COVID–19.—The term ‘‘COVID–19’’                  than 30 days after the date of enactment of            RIOD.—The term ‘‘COVID–19 public health
                                               means the 2019 Novel Coronavirus or 2019-               this Act, the Secretary shall take steps nec-          emergency period’’ means the period begin-
                                               nCoV.                                                   essary to ensure that the residents of each            ning on the first day of the emergency period
                                                  (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-             participating provider and of other long-              defined in paragraph (1)(B) of section 1135(g)
                                               RIOD.—The term ‘‘COVID–19 public health                 term care facilities designated by the Sec-            of the Social Security Act (42 U.S.C. 1320b-
                                               emergency period’’ means the period begin-              retary have access to the devices, Internet,           5(g)) and ending on the last day of the cal-




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                                               ning on the first day of the emergency period           and assistance necessary to support the tele-          endar quarter in which the last day of such
                                               defined in paragraph (1)(B) of section 1135(g)          visitation practices described in sections             emergency period occurs.
                                               of the Social Security Act (42 U.S.C. 1320b-            1819(c)(3)(F) and 1919(c)(3)(F) of the Social             (2) LONG-TERM CARE FACILITY.—The term
                                               5(g)) and ending on the last day of the cal-            Security Act, as added by subsection (a),              ‘‘long-term care facility’’ has the meaning
                                               endar quarter in which the last day of such             during the COVID–19 public health emer-                given that term in section 2011(15) of the So-
                                               emergency period occurs.                                gency period.                                          cial Security Act (42 U.S.C. 1397j(15)).
                                                  (3) LONG-TERM CARE FACILITY.—The term                  (2) NOTIFICATION REQUIREMENTS.—In car-                  (3) NURSING FACILITY.—The term ‘‘nursing
                                               ‘‘long-term care facility’’ has the meaning             rying out the amendments made by sub-                  facility’’ has the meaning given that term in




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                                               S5326                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               section 1919(a) of the Social Security Act (42          formation shared with such individuals by a            carrying out this subsection during the
                                               U.S.C. 1396r(a)).                                       participating provider; and                            COVID–19 public health emergency period.
                                                  (4) PARTICIPATING PROVIDER.—The term                   (vi) the required security background                  (c) PROMOTING TRANSPARENCY IN COVID–19
                                               ‘‘participating provider’’ means a skilled              checks that the individual has passed.                 REPORTING BY NURSING FACILITIES AND LONG-
                                               nursing facility or a nursing facility that has           (C) SECRETARIAL OVERSIGHT.—The Sec-                  TERM CARE FACILITIES.—
                                               been assigned a national provider identifier            retary may, at any time, disband any strike              (1) COLLECTION AND REPORTING OF STAFFING
                                               number by the Secretary and has executed                team and rescind the letter of authorization           DATA BY NURSING FACILITIES DURING COVID–19
                                               an agreement to participate in the Medicare             for any team member.                                   EMERGENCY PERIOD.—The Secretary shall de-
                                               program established under title XVIII of the              (D) TEAM AND MEMBER AUTHORITY.—A team                velop a plan for ensuring that participating
                                               Social Security Act (42 U.S.C. 1395 et seq.) or         and team member may not use the letter of              providers resume compliance with the re-
                                               the Medicaid program established under title            authorization described in subparagraph (B)            quirement, under section 1128I(g) of the So-
                                               XIX of such Act (42 U.S.C. 1396 et seq.).               for any purpose except in connection with              cial Security Act (42 U.S.C. 1320a–7j(g)), to
                                                  (5) SECRETARY.—The term ‘‘Secretary’’                the team’s mission of acting in good faith to          electronically submit direct care staffing in-
                                               means the Secretary of Health and Human                 promote resident and employee safety in                formation based on payroll and other
                                               Services.                                               participating providers in which COVID–19 is           auditable data (including measures to ensure
                                                  (6) SKILLED NURSING FACILITY.—The term               confirmed to be present.                               that the submitted data includes direct care
                                               ‘‘skilled nursing facility’’ has the meaning              (E) ADMINISTRATION.—The Secretary, in                staffing information for the entire duration
                                               given that term in section 1819(a) of the So-           consultation with the Director of the Cen-             of the COVID–19 emergency period).
                                               cial Security Act (42 U.S.C. 1395i–3(a)).               ters for Disease Control and Prevention, may             (2) COLLECTION AND REPORTING OF DATA RE-
                                                  (7) STATE.—Except as otherwise provided,             establish protocols and procedures for re-             LATED TO COVID–19 BY NURSING FACILITIES DUR-
                                               the term ‘‘State’’ has the meaning given                questing the assistance of a strike team es-           ING COVID–19 EMERGENCY PERIOD.—The Sec-
                                               such term for purposes of title XIX of the So-          tablished under this subsection and any                retary shall ensure that participating pro-
                                               cial Security Act (42 U.S.C. 1396 et seq.).             other procedures deemed necessary for the              viders and long-term care facilities report all
                                                  (8) TELEVISITATION.—The term ‘‘televisita-           team’s operation.                                      suspected and confirmed cases of COVID–19
                                               tion’’ means telecommunication, including                 (F) SUPPLEMENTATION OF OTHER RESPONSE                among personnel and residents of the pro-
                                               but not limited to audio, visual, text com-             EFFORTS.—Strike teams established by the               vider or facility, all COVID–19-related fatali-
                                               munication, video conference, and two-way               Secretary under this subsection shall supple-          ties among personnel and residents of the
                                               audio/video options, by residents of a partici-         ment and not supplant response efforts car-            provider or facility, and all fatalities among
                                               pating provider with other individuals.                 ried out by a State strike team or a tech-             personnel and residents of the provider or fa-
                                                                                                       nical assistance team established by the Sec-          cility, whether related to COVID–19 or unre-
                                                 SA 2630. Mr. GRASSLEY submitted                       retary during the COVID-19 public health               lated to COVID–19, for the period beginning
                                               an amendment intended to be proposed                    emergency period.                                      on January 1, 2020, to the Secretary.
                                               to amendment SA 2499 proposed by Mr.                      (b) PROMOTING COVID–19 TESTING AND IN-                 (3) REPORTING OF NURSING FACILITY DATA
                                               MCCONNELL to the bill S. 178, to con-                   FECTION CONTROL IN NURSING FACILITIES.—                RELATED TO COVID–19 BY THE SECRETARY.—Not
                                               demn gross human rights violations of                     (1) NURSING HOME PROTECTIONS.—The Sec-               later than 10 days after the date of enact-
                                               ethnic Turkic Muslims in Xinjiang, and                  retary, in consultation with the Elder Jus-            ment of this Act, and at least weekly there-
                                                                                                       tice Coordinating Council established under            after during the COVID–19 public health
                                               calling for an end to arbitrary deten-                                                                         emergency period, the Secretary shall pro-
                                                                                                       section 2021 of the Social Security Act (42
                                               tion, torture, and harassment of these                  U.S.C. 1397k), is authorized during the                vide the Governor of each State with a list of
                                               communities inside and outside China;                   COVID–19 public health emergency period to             all participating providers in the State with
                                               which was ordered to lie on the table;                  enhance efforts by participating providers to          respect to which the reported cases of
                                               as follows:                                             respond to COVID–19, including through—                COVID–19 in visitors to, personnel of, and
                                                 At the appropriate place, insert the fol-               (A) development of online training courses           residents of, such providers increased during
                                               lowing:                                                 for personnel of participating providers, sur-         the previous week (or, in the case of the first
                                               SEC. ll. EMERGENCY SUPPORT AND COVID–19                 vey agencies, the long-term care ombudsman             such list, during the 10-day period beginning
                                                          PROTECTIONS    FOR     NURSING               of each State, and other individuals to facili-        on the date of enactment of this Act).
                                                          HOMES.                                       tate the implementation of paragraph (2);                (4) CONFIDENTIALITY.—Any information re-
                                                 (a) ESTABLISHING COVID–19 STRIKE TEAMS                  (B) enhanced diagnostic testing of visitors          ported under this subsection that is made
                                               FOR NURSING FACILITIES.—                                to, personnel of, and residents of, partici-           available to the public shall be made so
                                                 (1) IN GENERAL.—The Secretary is author-              pating providers in which measures of                  available in a manner that protects the iden-
                                               ized to establish and support the operation of          COVID–19 in the community support more                 tity of residents of participating providers
                                               strike teams comprised of individuals with              frequent testing for COVID–19;                         and long-term care facilities.
                                               relevant skills, qualifications, and experi-              (C) development of training materials for              (d) EXTENDING ELDER JUSTICE ACT PROTEC-
                                               ence to respond to COVID–19-related crises in           personnel of participating providers, the              TIONS DURING THE COVID–19 EMERGENCY PE-
                                               participating providers during the COVID–19             long-term care ombudsman of each State,                RIOD.—
                                               public health emergency period, based on                and representatives and family members of                (1) LONG-TERM CARE OMBUDSMAN PROGRAM
                                               data reported by such providers to the Cen-             residents; and                                         GRANTS AND TRAINING.—Section 2043 of the
                                               ters for Disease Control and Prevention.                  (D) providing support to participating pro-          Social Security Act (42 U.S.C. 1397m–2) is
                                                 (2) MISSION AND COMPOSITION OF STRIKE                 viders in areas deemed by the Secretary to             amended—
                                               TEAMS.—                                                 require additional assistance due to the pres-           (A) in subsection (a)—
                                                 (A) IN GENERAL.—Strike teams established              ence COVID–19 infections.                                (i) in paragraph (1)(A), by inserting ‘‘(in-
                                               by the Secretary may include assessment,                  (2) TRAINING ON BEST PRACTICES IN INFEC-             cluding during the emergency period de-
                                               testing, and clinical teams, and a mission for          TION CONTROL AND PREVENTION.—                          scribed in section 1135(g)(1)(B), from amounts
                                               each such team may include performing                     (A) IN GENERAL.—The Secretary shall de-              made available with respect to such period in
                                               medical examinations, conducting COVID–19               velop training courses on infection control            accordance with paragraph (2)(D))’’ before
                                               testing, and assisting participating providers          and prevention, including cohorting, strate-           the semicolon; and
                                               with the implementation of infection control            gies and use of telehealth to mitigate the               (ii) in paragraph (2)—
                                               practices (such as quarantine, isolation, or            transmission of COVID–19 in participating                (iii) in subparagraph (B), by striking ‘‘and’’
                                               disinfection procedures).                               providers during the COVID–19 public health            after the semicolon;
                                                 (B) LETTER OF AUTHORIZATION.—Strike                   emergency period.                                        (iv) in subparagraph (C), by striking the
                                               teams and members of such teams shall be                  (B) DEVELOPMENT.—To the extent prac-                 period at the end and inserting a semicolon;
                                               subject to the Secretary’s oversight and di-            ticable, the training programs developed by            and
                                               rection and the Secretary may issue a letter            the Secretary under this subsection shall use            (v) by adding at the end the following:
                                               of authorization to team members describ-               best practices in infection control and pre-             ‘‘(D) for the emergency period described in
                                               ing—                                                    vention.                                               section 1135(g)(1)(B), $12,000,000.’’;
                                                 (i) the individual’s designation to serve on            (C) COORDINATION WITH OTHER FEDERAL EN-                (B) in subsection (b)—
                                               1 or more teams under an emergency procla-              TITIES.—The Secretary shall seek input as                (i) in paragraph (1), by inserting ‘‘(includ-
                                               mation by the Secretary;                                appropriate on the training courses devel-             ing during the emergency period described in
                                                 (ii) the mission of the team;                         oped under this subsection from the Elder              section 1135(g)(1)(B), from amounts made




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                                                 (iii) the authority of the individual to per-         Justice Coordinating Council and the Direc-            available with respect to such period in ac-
                                               form the team mission;                                  tor of the Centers for Disease Control and             cordance with paragraph (2))’’ before the pe-
                                                 (iv) the individual’s authority to access             Prevention.                                            riod; and
                                               places, persons, and materials necessary for              (D) INTERACTIVE WEBSITE.—The Secretary                 (ii) in paragraph (2), by inserting before the
                                               the team member’s performance of the                    is authorized to create an interactive                 period the following: ‘‘, and for the emer-
                                               team’s mission;                                         website to disseminate training materials              gency       period    described      in  section
                                                 (v) the requirement that team members                 and related information in the areas of infec-         1135(g)(1)(B), $12,000,000’’.
                                               maintain the confidentiality of patient in-             tion control and prevention, for purposes of             (2) ELDER JUSTICE COORDINATING COUNCIL.—




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5327
                                                  (A) MEMBERSHIP.—Section 2021(b)(1) of the            in psychotropic drug usage, infection preven-          this section, including by providing financial
                                               Social Security Act (42 U.S.C. 1397k(b)(1)) is          tion and control deficiencies, hospitalization         assistance to participating providers as ap-
                                               amended—                                                rates, infectious disease rates, injury rates,         propriate for implementation of the require-
                                                  (i) by redesignating subparagraph (C) as             abuse rates, neglect rates, fatality rates, and        ments of this section and the amendments
                                               subparagraph (D); and                                   any additional areas, as determined by the             made by this section.
                                                  (ii) by inserting after subparagraph (B), the        task force based on available public health               (h) DEFINITIONS.—In this section:
                                               following:                                              data (or, if no such data are available, on the           (1) COVID–19.—The term ‘‘COVID–19’’
                                                  ‘‘(C) The Administrator of the Federal               basis of such other publicly available data or         means the 2019 Novel Coronavirus or 2019-
                                               Emergency Management Agency.’’.                         information as the task force may deter-               nCoV.
                                                  (B) DUTIES.—Section 2021(f)(1) of such Act           mine);                                                    (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                               (42 U.S.C. 1397k(f)(1)) is amended by inserting           (iii) the identification of factors, including       RIOD.—The term ‘‘COVID–19 public health
                                               ‘‘the Federal Emergency Management Agen-                Federal and State policies, that have con-             emergency period’’ means the period begin-
                                               cy,’’ after ‘‘Justice,’’.                               tributed to racial or ethnic health disparities        ning on the first day of the emergency period
                                                  (3) ADULT PROTECTIVE SERVICES FUNCTIONS              in resident outcomes in participating pro-             defined in paragraph (1)(B) of section 1135(g)
                                               AND GRANT PROGRAMS.—Section 2042 of the                 viders, and actions Congress (and if appro-            of the Social Security Act (42 U.S.C. 1320b-
                                               Social Security Act (42 U.S.C. 1397m–1) is              priate, other entities) can take to address            5(g)) and ending on the last day of the cal-
                                               amended—                                                these factors; and                                     endar quarter in which the last day of such
                                                  (A) in subsection (a)(2), by inserting ‘‘, and         (iv) recommendations for best practices to           emergency period occurs.
                                               $5,000,000 for the emergency period described           promote improvements in participating pro-                (3) LONG-TERM CARE FACILITY.—The term
                                               in section 1135(g)(1)(B)’’ after ‘‘2014’’;              viders evidencing racial or ethnic disparities         ‘‘long-term care facility’’ has the meaning
                                                  (B) in subsection (b)(5), by inserting ‘‘, and       in psychotropic drug usage, infection preven-          given that term in section 2011(15) of the So-
                                               $150,000,000 for the emergency period de-               tion and control deficiencies, hospitalization         cial Security Act (42 U.S.C. 1397j(15)).
                                               scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’;      rates, infectious disease rates, injury rates,            (4) NURSING FACILITY.—The term ‘‘nursing
                                               and                                                     abuse and neglect rates, fatality rates, or            facility’’ has the meaning given that term in
                                                  (C) in subsection (c)(6), by inserting ‘‘, and       any additional areas determined by the task            section 1919(a) of the Social Security Act (42
                                               $30,000,000 for the emergency period described          force.                                                 U.S.C. 1396r(a)).
                                               in section 1135(g)(1)(B)’’ after ‘‘2014’’.                (B) CONSULTATION WITH INDIAN TRIBES.—In                 (5) PARTICIPATING PROVIDER.—The term
                                                  (4)     TECHNICAL       AMENDMENT.—Section           submitting reports and recommendations                 ‘‘participating provider’’ means a skilled
                                               2011(12)(A) of the Social Security Act (42              under this paragraph, the task force shall             nursing facility or a nursing facility that has
                                               U.S.C. 1397j(12)(A)) is amended by striking             consult with Indian Tribes and Tribal orga-            been assigned a national provider identifier
                                               ‘‘450b’’ and inserting ‘‘5304’’.                        nizations.                                             number by the Secretary and has executed
                                                  (e) REDUCING RACIAL DISPARITIES IN NURS-               (C) SUNSET.—The task force shall termi-              an agreement to participate in the Medicare
                                               ING FACILITIES DURING THE COVID–19 EMER-                nate on December 31, 2022.                             program established under title XVIII of the
                                               GENCY.—                                                   (f) ACHIEVING SAVINGS IN HEALTH CARE                 Social Security Act (42 U.S.C. 1395 et seq.) or
                                                  (1) TASK FORCE.—The Secretary shall es-              PROGRAMS BY REDUCING IMPROPER PRE-                     the Medicaid program established under title
                                               tablish a task force, to be known as the                SCRIBING OF CONTROLLED SUBSTANCES.—
                                                                                                                                                              XIX of such Act (42 U.S.C. 1396 et seq.).
                                               ‘‘Ethnic and Racial Disparities in Nursing                (1) IN GENERAL.—Within 120 days of enact-
                                                                                                                                                                 (6) SECRETARY.—The term ‘‘Secretary’’
                                               Facilities Task Force’’ (referred to in this            ment of this Act and annually thereafter,
                                                                                                                                                              means the Secretary of Health and Human
                                               subsection as the ‘‘task force’’), to gather            the Secretary shall report all Medicare rev-
                                                                                                                                                              Services.
                                               data on racial and ethnic disparities in par-           ocation actions or preclusion list placements
                                                                                                                                                                 (7) SKILLED NURSING FACILITY.—The term
                                               ticipating providers during the COVID-19                to the Drug Enforcement Administration
                                                                                                                                                              ‘‘skilled nursing facility’’ has the meaning
                                               public health emergency period and provide              that are based totally or in part on the im-
                                                                                                                                                              given that term in section 1819(a) of the So-
                                               recommendations to Federal, State, local,               proper prescribing, administering, or dis-
                                                                                                                                                              cial Security Act (42 U.S.C. 1395i–3(a)).
                                               and Tribal policymakers on ways to reduce               pensing of controlled substances.
                                                                                                                                                                 (8) STATE.—Except as otherwise provided,
                                               such disparities.                                         (2) DEFINITIONS.—The terms used in this
                                                  (2) MEMBERSHIP.—The task force shall be                                                                     the term ‘‘State’’ has the meaning given
                                                                                                       subsection shall have the meaning given
                                               composed of the Secretary, the Surgeon Gen-                                                                    such term for purposes of title XIX of the So-
                                                                                                       such terms in section 102 of the Controlled
                                               eral, other Federal, State, and local govern-                                                                  cial Security Act (42 U.S.C. 1396 et seq.).
                                                                                                       Substances Act (42 U.S.C. 802). For purposes
                                               ment officials, and individuals appointed by            of paragraph (1), the ‘‘improper prescribing,            SA 2631. Ms. COLLINS submitted an
                                               the Secretary with firsthand knowledge of,              administering, or dispensing of controlled
                                               or expertise relating to, disparities in access         substances’’ includes doing so in any of the
                                                                                                                                                              amendment intended to be proposed to
                                               to quality care for residents of participating          following respects:                                    amendment SA 2542 submitted by Mr.
                                               providers who are members of racial or eth-               (A) In excessive quantities.                         CRAPO and intended to be proposed to
                                               nic minority groups. In appointing such indi-             (B) For other than a legitimate medical              the amendment SA 2499 proposed by
                                               viduals, the Secretary shall ensure the indi-           purpose or outside the usual course of profes-         Mr. MCCONNELL to the bill S. 178, to
                                               viduals appointed provide ample representa-             sional practice.                                       condemn gross human rights violations
                                               tion with respect to the demographics of                  (C) Beyond the scope of the practitioner’s           of ethnic Turkic Muslims in Xinjiang,
                                               residents and caregivers of such partici-               DEA registration.                                      and calling for an end to arbitrary de-
                                               pating providers, particularly with respect               (D) In any other manner not permitted by
                                               to residents and caregivers of such facilities
                                                                                                                                                              tention, torture, and harassment of
                                                                                                       the Controlled Substances Act (21 U.S.C. 801
                                               who are members of racial or ethnic minor-              et. seq.).
                                                                                                                                                              these communities inside and outside
                                               ity groups.                                               (3) ACCESS TO EVIDENCE.—When making the              China; which was ordered to lie on the
                                                  (3) ADMINISTRATION.—                                 reports required under paragraph (1), the              table; as follows:
                                                  (A) CHAIRPERSON.—The Secretary shall                 Secretary shall provide the Drug Enforce-                On page 4, strike line 1 and all that follows
                                               serve as the chairperson of the task force.             ment Administration with any relevant                  through page 5, line 23.
                                               The Surgeon General shall serve as the vice             records or other evidence that Drug Enforce-
                                               chairperson.                                            ment Administration requests for purposes                SA 2632. Mr. CRAMER submitted an
                                                  (B) STAFF.—The task force shall have 2               of carrying out its functions under the Con-           amendment intended to be proposed by
                                               full-time staff members.                                trolled Substances Act. The Drug Enforce-              him to the bill S. 178, to condemn gross
                                                  (C) MEETINGS.—The task force shall con-              ment Administration may use any such in-               human rights violations of ethnic
                                               vene at least monthly, with the first meeting           formation or other evidence provided by the            Turkic Muslims in Xinjiang, and call-
                                               to occur within 60 days after the enactment             Secretary for the purposes of any criminal,            ing for an end to arbitrary detention,
                                               of this Act.                                            civil, or administrative proceeding arising
                                                  (4) REPORTING AND RECOMMENDATIONS.—
                                                                                                                                                              torture, and harassment of these com-
                                                                                                       out the Controlled Substances Act.
                                                  (A) MONTHLY REPORTS.—Not later than 45                 (g) FUNDING.—                                        munities inside and outside China;
                                               days after the 1st meeting of the task force,             (1) CARES ACT.—-The Secretary may use                which was ordered to lie on the table;
                                               and monthly thereafter, the task force shall            amounts appropriated for COVID–19 response             as follows:
                                               submit to Congress and the Federal Emer-                and related activities pursuant to the                   At the appropriate place, insert the fol-
                                               gency Management Agency a report that in-               CARES Act (Public Law 116–136) and subse-              lowing:
                                               cludes—                                                 quently enacted legislation to carry out this          SEC. ll. REAL ACT OF 2020.




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                                                  (i) recommended methodologies for im-                section and the amendments made by this                  (a) SHORT TITLE.—This     section may be
                                               proving Federal data collection on resident             section.                                               cited as the ‘‘Restoring Education And
                                               outcomes in participating providers with dis-             (2) PREVENTION AND PUBLIC HEALTH FUND.—              Learning Act of 2020’’ or the ‘‘REAL Act of
                                               proportionately high rates of admission of              The Secretary may use amounts in the Pre-              2020’’.
                                               individuals who are members of racial or                vention and Public Health Fund, established              (b) REINSTATEMENT OF FEDERAL PELL
                                               ethnic minority groups;                                 under section 4002 of the Patient Protection           GRANT ELIGIBILITY.—Section 401(b) of the
                                                  (ii) the identification of participating pro-        and Affordable Care Act of 2010, to carry out          Higher Education Act of 1965 (20 U.S.C.
                                               viders evidencing racial or ethnic disparities          this section and the amendments made by                1070a(b)) is amended—




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                                               S5328                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                  (1) by striking paragraph (6);                       cent weeks, with weekly filings repeatedly               (2) in paragraph (20), by striking the period
                                                  (2) by redesignating paragraph (7) as para-          exceeding historic record levels.                      at the end and inserting a semicolon; and
                                               graph (6); and                                            (11) More than 1 in every 10 adults in the             (3) by adding at the end the following:
                                                  (3) in paragraph (2)(A)(ii), by striking             United States has applied for unemployment               ‘‘(21)(A) the term ‘COVID–19 emergency re-
                                               ‘‘(7)(B)’’ and inserting ‘‘(6)(B)’’.                    insurance since the crisis began.                      sponse and recovery period’ means the period
                                                  (c) EFFECTIVE DATE.—The amendments                     (12) The pandemic and the associated eco-            beginning on the first day of the COVID–19
                                               made by subsection (b) shall be effective for           nomic consequences have disproportionately             public health emergency and ending at the
                                               academic year 2020–2021 and succeeding aca-             impacted people of color across many States.           end of fiscal year 2023; and
                                               demic years.                                              (13) To recover, the Nation also needs                 ‘‘(B) the term ‘COVID–19 public health
                                                                                                       meaningful employment opportunities, as                emergency’ means the public health emer-
                                                 SA 2633. Mr. WICKER (for himself,                     well as a significant expansion of the human           gency declared by the Secretary of Health
                                               Mr. RUBIO, Mr. BLUNT, Mrs. BLACK-                       capital working to address community needs             and Human Services under section 319 of the
                                               BURN, Ms. COLLINS, Mr. CORNYN, Mrs.                     around public health, behavioral health,               Public Health Service Act (42 U.S.C. 247d) on
                                               HYDE-SMITH, Mr. CASSIDY, and Mr.                        hunger, education, and conservation.                   January 31, 2020, with respect to COVID–19;
                                               GRAHAM) submitted an amendment in-                        (14) Experience has demonstrated the cen-            and
                                                                                                       trality of community participation in pan-               ‘‘(22) the term ‘Public Lands Corps’ means
                                               tended to be proposed by him to the
                                                                                                       demic response, to overcome stigma and                 the Corps established in section 204 of the
                                               bill S. 178, to condemn gross human                     structural barriers and meet the full needs of         Public Lands Corps Act of 1993 (16 U.S.C.
                                               rights violations of ethnic Turkic Mus-                 all members of a diverse community.                    1723).’’.
                                               lims in Xinjiang, and calling for an end                  (15) As the Nation works to respond to and           SEC. ll5. PRIORITIZING RESPONSE SERVICES.
                                               to arbitrary detention, torture, and                    recover from the current twin challenges of              (a) AMERICORPS STATE AND NATIONAL.—
                                               harassment of these communities in-                     a public health pandemic and an economic                 (1) NATIONAL SERVICE PRIORITIES.—Section
                                               side and outside China; which was or-                   crisis, national service presents a unique op-         122(f) of the National and Community Serv-
                                               dered to lie on the table; as follows:                  portunity for flexible, locally driven re-             ice Act of 1990 (42 U.S.C. 12572(f)) is amend-
                                                                                                       sponses to meet State and local public                 ed—
                                                 At the appropriate place, insert the fol-             health, employment, and recovery needs.
                                               lowing:                                                                                                          (A) in paragraph (1)—
                                                                                                       SEC. ll3. PURPOSES.                                      (i) in subparagraph (A), by adding at the
                                                        TITLE ll—CORPS ACT                               The purposes of this title are—                      end the following: ‘‘For fiscal years 2020
                                               SEC. ll 1. SHORT TITLE.—                                  (1) to provide for annual growth of 250,000          through 2023, the Corporation shall include,
                                                 This title may be cited as the ‘‘Cultivating          participants, over 3 years, in national service        in the national service priorities, the prior-
                                               Opportunity and Response to the Pandemic                programs, such as the Public Land Corps                ities described in paragraph (5).’’; and
                                               through Service Act’’ or the ‘‘CORPS Act’’.             (also known as the 21st Century Conserva-                (ii) in subparagraph (B), by adding at the
                                               SEC. ll2. FINDINGS.                                     tion Service Corps) programs and other                 end the following: ‘‘For fiscal years 2020
                                                 Congress finds the following:                         AmeriCorps programs, that will provide serv-           through 2023, each State shall include, in the
                                                 (1) The United States has a strong history            ices in response to the pandemic and eco-              State priorities, the priorities described in
                                               of citizen response to national calls to serv-          nomic crisis;                                          paragraph (5).’’; and
                                               ice in order to help the Nation recover in                (2) to ensure that participant allowances              (B) by adding at the end the following:
                                               times of crisis.                                        cover the reasonable cost of participation               ‘‘(5) EMERGENCY PRIORITIES.—For fiscal
                                                 (2) More than 80 years ago, the Nation rose           and provide participants with economic and             years 2020 through 2023, the priorities estab-
                                               to the challenge of the Great Depression                educational opportunity;                               lished under paragraph (1) for national serv-
                                               with the creation of citizen service programs             (3) to stabilize such national service pro-          ice programs shall provide that the Corpora-
                                               like the Civilian Conservation Corps (re-               grams during economic crisis; and                      tion and the States, as appropriate, shall
                                               ferred to in this section as the ‘‘CCC’’) and             (4) to support opportunities for all individ-        give priority to entities submitting applica-
                                               the Works Progress Administration (referred             uals in the United States to engage in serv-           tions—
                                               to in this section as the ‘‘WPA’’).                     ice.                                                     ‘‘(A) that propose activities directly re-
                                                 (3) Millions of participants benefitted from          SEC. ll4. DEFINITIONS.                                 lated to the response to and recovery from
                                               paid employment and opportunities to de-                  (a) NCSA.—Section 101 of the National and            the COVID–19 public health emergency, such
                                               velop their skills while constructing na-               Community Service Act of 1990 (42 U.S.C.               as the provision of—
                                               tional parks and public lands infrastructure            12511) is amended—                                       ‘‘(i) public health services, including sup-
                                               and producing cultural works still enjoyed                (1) by redesignating paragraphs (13)                 port for isolation and quarantine activities;
                                               today.                                                  through (16), (17) through (35), and (36)                ‘‘(ii) emergency logistics, such as the setup
                                                 (4) Following decades of evolution, incor-            through (49), as paragraphs (14) through (17),         of alternate care sites;
                                               porating policies of both political parties, to-        (19) through (37), and (39) through (52), re-            ‘‘(iii) work that furthers the capacity of
                                               day’s national service programs carry on the            spectively;                                            State (including territorial), tribal, and local
                                               legacy of the CCC and WPA.                                (2) by inserting after paragraph (12) the fol-       health departments and the recommenda-
                                                 (5) Founded in 1990, the Corporation for Na-          lowing:                                                tions of the Director of the Centers for Dis-
                                               tional and Community Service today coordi-                ‘‘(13) COVID–19 DEFINITIONS.—                        ease Control and Prevention;
                                               nates national service by individuals in the              ‘‘(A) COVID–19 EMERGENCY RESPONSE AND                  ‘‘(iv) work that furthers the capacity of
                                               United States across every State and terri-             RECOVERY      PERIOD.—The    term ‘COVID–19            nonprofit and community organizations to
                                               tory, partnering with State-level commis-               emergency response and recovery period’                respond to the immediate needs of individ-
                                               sions and supporting locally driven services            means the period beginning on the first day            uals affected by COVID–19;
                                               in partnership with nongovernmental organi-             of the COVID–19 public health emergency                  ‘‘(v) services that support economic oppor-
                                               zations and State governments.                          and ending at the end of fiscal year 2023.             tunity;
                                                 (6) National service programs provide pub-              ‘‘(B) COVID–19 PUBLIC HEALTH EMERGENCY.—               ‘‘(vi) education, including enrichment and
                                               lic health, education, employment training,             The term ‘COVID–19 public health emer-                 adult education and literacy activities;
                                               and nutrition services for which the Nation             gency’ means the public health emergency                 ‘‘(vii) services to address housing and food
                                               has a critical need in the current crisis.              declared by the Secretary of Health and                insecurity; and
                                                 (7) The signature programs of the Corpora-            Human Services under section 319 of the                  ‘‘(viii) jobs for youth in preserving and re-
                                               tion for National and Community Service,                Public Health Service Act (42 U.S.C. 247d) on          storing nature;
                                               which are the AmeriCorps State and Na-                  January 31, 2020, with respect to COVID–19.’’;           ‘‘(B) who—
                                               tional, AmeriCorps National Civilian Com-                 (3) by inserting after paragraph (17), as so           ‘‘(i) are—
                                               munity Corps, AmeriCorps VISTA, and Na-                 redesignated, the following:                             ‘‘(I) current (as of the date of the applica-
                                               tional Senior Service Corps programs, can                 ‘‘(18) HIGH-POVERTY AREA.—The term ‘high             tion submission) or former recipients of fi-
                                               and should be expanded to meet current                  -poverty area’ means a census tract defined            nancial assistance under the program for
                                               needs.                                                  as high-poverty by the Bureau of the Cen-              which the application is submitted; and
                                                 (8) The novel coronavirus pandemic has in-            sus.’’; and                                              ‘‘(II) able to provide services directly re-
                                               fected and killed individuals in every State              (4) by inserting after paragraph (37), as so         lated to the response and recovery described
                                               and territory, causing more than 2,000,000              redesignated, the following:                           in subparagraph (A); or
                                               cases and 115,000 deaths so far.                          ‘‘(38) PUBLIC LAND CORPS.—The term ‘Pub-               ‘‘(ii) are—




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                                                 (9) In response, States, tribal governments,          lic Lands Corps’ means the Corps established             ‘‘(I) community-based organizations lo-
                                               and cities across the country have closed               in section 204 of the Public Lands Corps Act           cated in the rural or high-poverty areas, or
                                               down businesses, schools, and public events,            of 1993 (16 U.S.C. 1723).’’.                           tribal communities, the organizations pro-
                                               leading to a dramatic drop in economic ac-                (b) DVSA.—Section 421 of the Domestic                pose to serve; and
                                               tivity and a sharp projected decline in the             Volunteer Service Act of 1973 (42 U.S.C. 5061)           ‘‘(II) able to provide services directly re-
                                               United States economy.                                  is amended—                                            lated to the response and recovery described
                                                 (10) More than 40,000,000 applications for              (1) in paragraph (19), by striking ‘‘and’’           in subparagraph (A);
                                               unemployment benefits have been filed in re-            after the semicolon;                                     ‘‘(C) to the maximum extent practicable—




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5329
                                                 ‘‘(i) if the entities are proposing programs          teer Service Act of 1973 (42 U.S.C. 4955(b)) is        the funds are provided through discretionary
                                               that serve, or proposing to give priority for           amended by adding at the end the following:            or mandatory appropriations), for the award
                                               positions to applicants from, underserved                 ‘‘(4) Notwithstanding paragraph (2), during          year for which the national service position
                                               populations, such as individuals described in           the COVID–19 emergency response and recov-             is approved by the Corporation.
                                               section 129(a)(1)(B) of the Workforce Innova-           ery period, the Director shall set the subsist-          ‘‘(2) LESS THAN FULL-TIME SERVICE.—Not-
                                               tion and Opportunity Act (29 U.S.C.                     ence allowance for volunteers under para-              withstanding subsections (b) and (c), an indi-
                                               3164(a)(1)(B)), minority individuals, individ-          graph (1) for each fiscal year so that—                vidual described in section 146(a) who suc-
                                               uals who have had contact with the juvenile               ‘‘(A) the minimum allowance is not less              cessfully completes a required term of part-
                                               justice system, Indians, veterans, and indi-            than an amount equal to 175 percent of such            time national service in an approved na-
                                               viduals whose abilities are not typical, such           poverty line (as defined in section 673(2) of          tional service position during the COVID–19
                                               as individuals with intellectual or develop-            the Community Services Block Grant Act)                response and recovery period, or who is serv-
                                               mental disabilities;                                    for a single individual as expected for each           ing in an approved national service position
                                                 ‘‘(ii) especially if the entities propose re-         fiscal year; and                                       and is released, during that period, in ac-
                                               cruiting applicants for positions to serve in             ‘‘(B) the average subsistence allowance, ex-         cordance with section 139(c)(1)(A) from com-
                                               the same metropolitan or micropolitan sta-              cluding allowances for Hawaii, Guam, Amer-             pleting the full-time or part-time term of
                                               tistical area or county as the area or county,          ican Samoa, and Alaska, is not less than 185           service agreed to by the individual, shall re-
                                               respectively, in which the applicants at-               percent of such poverty line.                          ceive that portion of the national service
                                               tended a secondary school or institution of               ‘‘(5)(A) A stipend or allowance under this           educational award calculated under para-
                                               higher education; and                                   section or an allowance under section 140 of           graph (1) that corresponds to the quantity of
                                                 ‘‘(iii) especially if the entities propose pro-       the National and Community Service Act of              the term of service actually completed by
                                               grams that serve populations in rural or                1990 (42 U.S.C. 12594) shall not be increased as       the individual.
                                               high-poverty areas, or tribal communities;              a result of amendments made by the Culti-                ‘‘(3) DEFINITION.—In this subsection, the
                                               and                                                     vating Opportunity and Response to the Pan-            term ‘institution of higher education’ has
                                                 ‘‘(D) that propose to give priority for posi-         demic through Service Act, or any other                the meaning given the term in section
                                               tions to applicants who—                                amendment made to this section or that sec-            148(h).’’.
                                                 ‘‘(i) were serving outside of the United              tion 140, respectively, unless the funds appro-          (c) TAX PROVISIONS.—
                                               States in the Peace Corps, the J. William               priated for carrying out this part or subtitle           (1) INCOME TAX EXCLUSION FOR LIVING AL-
                                               Fulbright Educational Exchange Program                  C of the National and Community Service                LOWANCE.—
                                               referenced in section 112 of the Mutual Edu-            Act of 1990 (42 U.S.C. 12571 et seq.), respec-           (A) IN GENERAL.—Part III of subchapter B
                                               cational and Cultural Exchange Act of 1961              tively, are sufficient to maintain for the fis-        of chapter 1 of the Internal Revenue Code of
                                               (22 U.S.C. 2460), or the program under this             cal year involved a number of participants to          1986 is amended by inserting after section
                                               subtitle, subtitle E, or part A of title I of the       serve under this part or that subtitle C, re-          139H the following new section:
                                               Domestic Volunteer Service Act of 1973 (42              spectively, that is at least equal to the num-         ‘‘SEC. 139I. LIVING ALLOWANCE FOR NATIONAL
                                               U.S.C. 4951 et seq.); but                                                                                                   SERVICE PARTICIPANTS.
                                                                                                       ber of such participants so serving during
                                                 ‘‘(ii) ended their terms of service early, or         the preceding fiscal year.                               ‘‘Gross income does not include the
                                               returned to the United States before the end              ‘‘(B) In the event that sufficient appropria-        amount of any living allowance provided
                                               of their terms of service, due to the COVID–                                                                   under section 105(b) of the Domestic Volun-
                                                                                                       tions for any fiscal year (consistent with
                                               19 public health emergency.’’.                                                                                 teer Service Act of 1973 (42 U.S.C. 4955(b)) or
                                                                                                       subparagraph (A)) are not available to in-
                                                 (b) AMERICORPS NCCC.—Section 157 of the                                                                      section 140(a) or 158(b) of the National and
                                                                                                       crease any stipend or allowance under this
                                               National and Community Service Act of 1990                                                                     Community Service Act of 1990 (42 U.S.C.
                                                                                                       section or allowance under section 140 of the
                                               (42 U.S.C. 12617) is amended—                                                                                  12594(a), 12618(b)).’’.
                                                                                                       National and Community Service Act of 1990
                                                 (1) in subsection (b)(1), by adding at the                                                                     (B) CLERICAL AMENDMENT.—The table of
                                                                                                       to the minimum amount specified in this
                                               end the following:                                                                                             sections for part III of subchapter B of chap-
                                                                                                       section or under that section 140, respec-
                                                 ‘‘(C)    SURGE     CAPACITY     AND   PRIORITY                                                               ter 1 of the Internal Revenue Code of 1986 is
                                                                                                       tively, the Director shall increase the sti-
                                               PROJECTS.—                                                                                                     amended by inserting after the item relating
                                                                                                       pend or allowance involved to such amount
                                                 ‘‘(i) SURGE CAPACITY PROJECTS.—The Cor-                                                                      to section 139H the following new item:
                                                                                                       as appropriations for such year permit con-
                                               poration and the Director of the Centers for            sistent with subparagraph (A).’’.                      ‘‘Sec. 139I. Living allowance for national
                                               Disease Control and Prevention shall de-                  (2) NATIONAL AND COMMUNITY SERVICE ACT                              service participants.’’.
                                               velop, and the Corporation shall approve, a             OF 1990.—Section 158 of the National and
                                                                                                                                                                (C) EFFECTIVE DATE.—The amendments
                                               proposal for public health surge capacity               Community Service Act of 1990 (42 U.S.C.               made by this paragraph shall apply to tax-
                                               projects. In carrying out the projects, the             12618) is amended by adding at the end the             able years beginning after the date of the en-
                                               Corporation and the Director shall develop              following:                                             actment of this Act.
                                               and deploy public health surge capacity                   ‘‘(h) ADJUSTMENT TO MAXIMUM ALLOWANCE                  (2) EXCLUSION FROM GROSS INCOME OF NA-
                                               teams.                                                  DURING COVID–19 RESPONSE AND RECOVERY                  TIONAL SERVICE EDUCATIONAL AWARDS.—
                                                 ‘‘(ii) PRIORITY PROJECTS.—For fiscal years            PERIOD.—Notwithstanding the limitation on                (A) IN GENERAL.—Section 117 of the Inter-
                                               2020 through 2023, the Corporation shall give           the allowance amount specified in subsection           nal Revenue Code of 1986 (relating to quali-
                                               priority to entities submitting applications            (b), during the COVID–19 emergency response            fied scholarships) is amended by adding at
                                               for projects under this subtitle in the same            and recovery period, the amount of the al-             the end the following new subsection:
                                               manner as the Corporation gives priority to             lowance that the Director shall establish                ‘‘(e)   NATIONAL      SERVICE   EDUCATIONAL
                                               entities submitting applications for national           pursuant to that subsection shall be any               AWARDS.—Gross income shall not include
                                               service programs under section 122(f)(5).’’;            amount not in excess of the amount equal to            any payments from the National Service
                                               and                                                     175 percent of the poverty line that is appli-         Trust established under section 145 of the
                                                 (2) in subsection (c)—                                cable to a family of 2 (as defined by the Of-          National and Community Service Act of 1990
                                                 (A) in paragraph (1), by striking ‘‘The cam-          fice of Management and Budget and revised              (42 U.S.C. 12601), including the national serv-
                                               pus’’ and inserting ‘‘Except as provided in             annually in accordance with section 673(2) of          ice educational award described in subtitle D
                                               paragraph (3), the campus’’; and                        the Community Services Block Grant Act (42             of title I of such Act (42 U.S.C. 12601 et
                                                 (B) by adding at the end the following:               U.S.C. 9902(2))).’’.                                   seq.).’’.
                                                 ‘‘(3)    SURGE    CAPACITY      AND   PRIORITY          (b)    NATIONAL      SERVICE     EDUCATIONAL           (B) EXCLUSION OF DISCHARGE OF STUDENT
                                               PROJECTS.—The Corporation shall assign the              AWARDS.—Section 147 of the National and                LOAN DEBT.—Subsection (f) of section 108 of
                                               projects described in clauses (i) and (ii) of           Community Service Act of 1990 (42 U.S.C.               such Code is amended by adding at the end
                                               subsection (b)(1)(C) to specified Corps cam-            12603) is amended by adding at the end the             the following new paragraph:
                                               puses.’’.                                               following:                                               ‘‘(6) PAYMENTS UNDER NATIONAL SERVICE
                                                 (c) AMERICORPS VISTA.—Section 109 of the                ‘‘(f) ADJUSTMENT TO EDUCATIONAL AWARD                EDUCATIONAL AWARD PROGRAMS.—In the case
                                               Domestic Volunteer Service Act of 1973 (42              DURING THE COVID–19 RESPONSE AND RECOV-                of an individual, gross income shall not in-
                                               U.S.C. 4960) is amended by adding at the end            ERY.—                                                  clude any amount received as a national
                                               the following: ‘‘For fiscal years 2020 through            ‘‘(1) IN GENERAL.—Notwithstanding sub-               service educational award under subtitle D
                                               2023, the Corporation shall give priority to            section (a), an individual described in section        of title I of the National and Community
                                               entities submitting applications for projects           146(a) who successfully completes a required           Service Act of 1990 (42 U.S.C. 12601 et seq.).’’.
                                               or programs under this part in the same                 term of full-time national service in an ap-             (C) EFFECTIVE DATE.—The amendments
                                               manner as the Corporation gives priority to             proved national service position during the            made by this paragraph shall apply to tax-




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                                               entities submitting applications for national           COVID–19 emergency response and recovery               able years ending after the date of the enact-
                                               service programs under section 122(f)(5) of             period shall receive a national service edu-           ment of this Act.
                                               the National and Community Service Act of               cational award having a value equal to twice           SEC. ll7. INVITING PARTICIPATION.
                                               1990 (42 U.S.C. 12572(f)(5)).’’.                        the maximum amount of a Federal Pell                     (a) COORDINATION WITH OTHER YOUTH PRO-
                                               SEC. ll6. STRENGTHENING OPPORTUNITY.                    Grant under section 401 of the Higher Edu-             GRAMS.—Section 193A of the National and
                                                  (a) ALLOWANCES.—                                     cation Act of 1965 (20 U.S.C. 1070a) that a stu-       Community Service Act of 1990 (42 U.S.C.
                                                 (1) DOMESTIC VOLUNTEER SERVICE ACT OF                 dent eligible for such Grant may receive in            12651d) is amended by adding at the end the
                                               1973.—Section 105(b) of the Domestic Volun-             the aggregate (without regard to whether               following:




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                                               S5330                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2020
                                                 ‘‘(j) COORDINATION WITH OTHER YOUTH PRO-                ‘‘(A) IN GENERAL.—In carrying out public             end of the pilot program described in para-
                                               GRAMS.—                                                 awareness functions under this subsection,             graph (1), containing recommendations
                                                 ‘‘(1) COVERED PROGRAMS.—The term ‘cov-                the Corporation shall carry out an outreach            about whether and how to continue such a
                                               ered program’ means—                                    and promotion campaign to promote pro-                 program of direct placements.’’.
                                                 ‘‘(A) the YouthBuild program carried out              grams under the national service laws with               (c) NO SUMMER LIMITATION DURING COVID–
                                               by the Secretary of Labor under section 171             opportunities to respond to the COVID–19               19 RESPONSE AND RECOVERY PERIOD.—Section
                                               of the Workforce Innovation and Oppor-                  public health emergency, with the goal of              104 of the Domestic Volunteer Service Act of
                                               tunity Act (29 U.S.C. 3226);                            maximizing awareness of those programs                 1973 (42 U.S.C. 4954) is amended by adding at
                                                 ‘‘(B) the program of the Indian Youth Serv-           among individuals ages 17 through 30.                  the end the following:
                                               ice Corps under section 210 of the Public                 ‘‘(B) REPORT.—The Corporation shall pre-               ‘‘(f)(1) Notwithstanding any other provi-
                                               Lands Corps Act of 1993 (16 U.S.C. 1727b);              pare and submit to Congress a report that—             sion of this part, during the COVID–19 emer-
                                                 ‘‘(C) a youth conservation corps program                ‘‘(i) evaluates the outreach and promotion           gency response and recovery period, the Di-
                                               under title I of the Act entitled ‘An Act to            campaign; and                                          rector may enroll full-time VISTA associ-
                                               establish a pilot program in the Departments              ‘‘(ii) contains—                                     ates in a program, during any months of the
                                               of the Interior and Agriculture designated as             ‘‘(I) an analysis of the measures and re-            year, under such terms and conditions as the
                                               the Youth Conservation Corps, and for other             sources that would be required for the Cor-            Director shall determine to be appropriate.
                                               purposes’, approved August 13, 1970 (com-               poration effectively to notify individuals             Such individuals shall be assigned to
                                               monly known as the ‘Youth Conservation                  who are ages 17 through 30 every 2 years of            projects that address the needs of under-
                                               Corps Act of 1970’; 16 U.S.C. 1701 et seq.); and        opportunities under the national service               served communities as a result of the
                                                 ‘‘(D) the National Guard Youth Challenge              laws and steps to take to apply for those op-          COVID–19 public health emergency.
                                               Program under section 509 of title 32, United           portunities;                                             ‘‘(2) In preparing reports relating to pro-
                                               States Code.                                              ‘‘(II) a description of how the Corporation          grams under this Act, the Director shall re-
                                                 ‘‘(2) COORDINATION.—The Chief Executive               would ensure those measures would enable               port on participants, costs, and accomplish-
                                               Officer, in coordination with the Federal               the Corporation to provide that notification           ments under the program under this sub-
                                               agency representatives for covered pro-                 to targeted individuals from diverse geo-              section separately.
                                               grams, shall develop a plan and make rec-               graphic areas, including individuals who are             ‘‘(3) The limitation on funds appropriated
                                               ommendations in the plan to improve coordi-             ages 17 through 30 living in rural or high-            for grants and contracts, as contained in sec-
                                               nation between covered programs and pro-                poverty areas, or tribal communities; and              tion 108, shall not apply to the program
                                               grams of the Corporation to meet the needs                ‘‘(III) a recommendation regarding wheth-            under this subsection.’’.
                                                                                                                                                                (d) VISTA LIMITATION APPLICABILITY.—
                                               of underserved youth, such as economically              er the Corporation should make the notifica-
                                                                                                                                                              Section 108 of the Domestic Volunteer Serv-
                                               disadvantaged youth, minority youth, youth              tions described in subclause (I).’’.
                                                                                                         (d) VOLUNTEER GENERATION FUND.—Section               ice Act of 1973 (42 U.S.C. 4958) is amended—
                                               who left school without a secondary school
                                                                                                       198P(d)(2) of the National and Community                 (1) in subsection (a), by striking ‘‘Of funds
                                               diploma, formerly incarcerated or court-in-
                                                                                                       Service Act of 1990 (42 U.S.C. 12653p(d)(2)) is        appropriated’’ and inserting ‘‘Subject to sub-
                                               volved youth, youth who are children of an
                                                                                                       amended by adding at the end the following:            section (c), of funds appropriated’’; and
                                               incarcerated parent, youth in foster care (in-
                                                                                                       ‘‘With respect to grants made with funds ap-             (2) by adding at the end the following:
                                               cluding youth aging out of foster care), mi-                                                                     ‘‘(c) RULE FOR COVID–19 RESPONSE AND RE-
                                               grant youth, and other youth who are nei-               propriated as an additional amount under
                                                                                                       section 501(a)(4)(F), the minimum grant                COVERY      PERIOD.—Notwithstanding        sub-
                                               ther enrolled in secondary or postsecondary                                                                    section (a), during the COVID–19 emergency
                                               school or participating in the labor mar-               amount shall be not less than $250,000.’’.
                                                                                                       SEC. ll8. ENSURING AGILITY.                            response and recovery period, in order to ad-
                                               ket.’’.                                                                                                        dress the needs of underserved communities
                                                 (b) PLATFORM FOR NATIONAL SENIOR SERV-                  (a) WAIVER OF MATCHING FUNDS REQUIRE-
                                                                                                       MENTS.—Section 189A of the National and
                                                                                                                                                              related to the COVID–19 pandemic, of funds
                                               ICE CORPS.—Title IV of the Domestic Volun-
                                                                                                       Community Service Act of 1990 (42 U.S.C.               appropriated for the purpose of this part
                                               teer Service Act of 1973 is amended—                                                                           under section 501, not more than 75 percent
                                                 (1) by redesignating section 421 (42 U.S.C.           12645d) is amended—
                                                                                                         (1) in the section heading, by inserting ‘‘;         may be obligated for the direct cost of sup-
                                               5061), as amended by section ll4(b), as sec-                                                                   porting volunteers in programs and projects
                                               tion 401;                                               MATCHING FUNDS DURING COVID–19 RESPONSE
                                                                                                       AND RECOVERY PERIOD’’ after ‘‘COMMUNITIES’’;
                                                                                                                                                              (including new programs and projects that
                                                 (2) by moving that section 401 so as to fol-                                                                 begin after the date of enactment of the Cul-
                                               low the title heading for title IV; and                 and
                                                                                                         (2) by adding at the end the following:              tivating Opportunity and Response to the
                                                 (3) by inserting after section 420 (42 U.S.C.                                                                Pandemic through Service Act) carried out
                                               5059) the following:                                      ‘‘(c)     COVID–19     RESPONSE.—Notwith-
                                                                                                       standing any other provision of law, an enti-          pursuant to this part, and such funds may be
                                               ‘‘SEC. 421. ONLINE SERVICE PLATFORM.                                                                           obligated regardless of when grant recipients
                                                                                                       ty that receives assistance from the Corpora-
                                                  ‘‘(a) ESTABLISHMENT.—The Chief Executive             tion for any program under the national                commenced such programs and projects.’’.
                                               Officer of the Corporation shall establish an           service laws (including a State Commission               (e)     AUGMENTATION       AND      EXPANSION
                                               online service platform with a gateway to               and an entity receiving subgrant funds) dur-           GRANTS.—Title IV of the National and Com-
                                               connect volunteers in the National Senior               ing the COVID–19 emergency response and                munity Service Act of 1990 (42 U.S.C. 12671) is
                                               Service Corps with service projects and en-             recovery period shall not be subject to any            amended—
                                               able the volunteers to carry out distance vol-          requirements to provide matching funds for               (1) by striking the title IV title heading
                                               unteer services. The platform shall be linked           any such program, and the Federal share of             and all that follows through the section
                                               to and placed prominently on the website of             such assistance for a recipient (including for         heading for section 401 and inserting the fol-
                                               the Corporation. The Corporation may enter              a State Commission and a subgrant recipi-              lowing:
                                               into a contract with a public entity to create          ent) may be 100 percent.’’.                                  ‘‘TITLE IV—RESPONSE PROJECTS
                                               the platform.                                             (b) PILOT PROGRAM.—Section 126 of the Na-            ‘‘SEC. 401. PROJECTS HONORING VICTIMS OF
                                                 ‘‘(b) TRAINING RESOURCES AND INFORMA-                 tional and Community Service Act of 1990 (42                       TERRORIST ATTACKS.’’;
                                               TION.—                                                  U.S.C. 12576) is amended by adding at the end          and
                                                 ‘‘(1) IN GENERAL.—The Corporation shall               the following:                                           (2) by adding at the end the following:
                                               provide training resources, information, and              ‘‘(d) DIRECT PLACEMENTS DURING THE                   ‘‘SEC. 402. COVID–19 EMERGENCY RESPONSE AND
                                               guidance for the volunteers on the platform.            COVID–19 RESPONSE AND RECOVERY PERIOD.—                              RECOVERY PERIOD AUGMENTATION
                                                 ‘‘(2) INFORMATION.—The Corporation shall                ‘‘(1) IN GENERAL.—Notwithstanding section                          AND EXPANSION GRANTS.
                                               provide information to regional offices of the          178(h), during the COVID–19 emergency re-                ‘‘During the COVID–19 emergency response
                                               Corporation about how to get volunteers in              sponse and recovery period, the Corporation            and recovery period, the Corporation may
                                               the National Senior Service Corps connected             shall implement a pilot program allowing               award noncompetitive augmentation and ex-
                                               to the platform through the gateway.                    State Commissions to directly place a por-             pansion grants, at such time and in such
                                                 ‘‘(3) GUIDANCE.—The Corporation shall                 tion of individuals who have approved na-              manner as the Corporation determines ap-
                                               issue guidance for the regional offices about           tional service positions in State national             propriate.’’.
                                               how to transfer the programs of the National            service programs in a manner to be deter-                (f) TERM OF SERVICE DURING COVID–19
                                               Senior Service Corps to the platform.                   mined by the Corporation.                              EMERGENCY RESPONSE AND RECOVERY PE-
                                                 ‘‘(4) OUTREACH.—The Corporation shall pro-              ‘‘(2) PRIORITIES.—State Commissions par-             RIOD.—Section 146 of the National and Com-
                                               vide outreach services to promote the plat-             ticipating in the pilot program shall, to the          munity Service Act of 1990 (42 U.S.C. 12602) is
                                               form including outreach to institutions of              extent practicable, prioritize the placement           amended by adding at the end the following:




SSpencer on DSK126QN23PROD with SENATE
                                               higher education, the Department of Vet-                of individuals in national service programs              ‘‘(g) TERM OF SERVICE DURING COVID–19
                                               erans Affairs for mentorship projects, and              that serve rural or high-poverty areas, or             EMERGENCY RESPONSE AND RECOVERY PE-
                                               State and local governments for community               tribal communities, especially such pro-               RIOD.—Notwithstanding the aggregate value
                                               engagement projects.’’.                                 grams carried out by entities that have not            limit described in subsection (c), during the
                                                 (c) OUTREACH AND PROMOTION CAMPAIGN.—                 previously been service sponsors for partici-          COVID–19 emergency response and recovery
                                               Section 193A(g) of such Act is amended by               pants.                                                 period, a participant who received 2 national
                                               adding at the end the following:                          ‘‘(3) REPORT.—The Corporation shall pre-             service educational awards for terms of serv-
                                                 ‘‘(4) OUTREACH AND PROMOTION CAMPAIGN.—               pare and submit a report to Congress at the            ice concluding before the end of fiscal year




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                       S5331
                                               2020 may, as determined by the Corporation,               ‘‘(c) SEASONAL PROGRAM.—Persons desiring                (1) IN GENERAL.—Section 501(a)(2) of the
                                               be eligible for an additional term of service           to participate in the seasonal national serv-          National and Community Service Act of 1990
                                               and, on the successful completion of that               ice program shall enter into an agreement              (42 U.S.C. 12681(a)(2)) is amended by striking
                                               term, a third national service educational              with the Director to participate in the Corps          ‘‘fiscal years 2010 through 2014’’ and all that
                                               award.’’.                                               for a period of not less than 3 months and             follows and inserting ‘‘fiscal year 2020, in ad-
                                                  (g) INCREASE IN LIMITATION ON GRANT                  not more than 6 months, as specified by the            dition to any amount appropriated before
                                               AMOUNTS.—                                               Director.’’.                                           the date of enactment of the Cultivating Op-
                                                  (1) INCREASE IN LIMITATION ON TOTAL GRANT              (j) NATIONAL SENIOR SERVICE CORPS.—Part              portunity and Response to the Pandemic
                                               AMOUNT DURING EMERGENCY RESPONSE AND RE-                D of title II of the Domestic Volunteer Serv-          through Service Act, additional amounts
                                               COVERY PERIOD.—Section 189 of the National              ice Act of 1973 (42 U.S.C. 5021 et seq.) is            of—
                                               and Community Service Act of 1990 (42 U.S.C.            amended by adding at the end the following:               ‘‘(A) $10,300,000,000, to provide financial as-
                                               12645c) is amended by adding at the end the             ‘‘SEC. 229. COVID–19 EMERGENCY RESPONSE AND            sistance under subtitle C of title I; and
                                               following:                                                            RECOVERY PERIOD.                            ‘‘(B) $3,659,000,000, to provide national serv-
                                                  ‘‘(f) INCREASE IN LIMITATION ON TOTAL                                                                       ice educational awards under subtitle D of
                                                                                                          ‘‘(a) AGE REQUIREMENTS.—Notwithstanding
                                               GRANT AMOUNT DURING COVID–19 EMER-                                                                             title I for the total of the number of partici-
                                               GENCY RESPONSE AND RECOVERY PERIOD.—
                                                                                                       section 201(a), during the COVID–19 emer-
                                                                                                       gency response and recovery period, in order           pants described in section 121(f)(1) for fiscal
                                               Notwithstanding the limits described in sub-
                                                                                                       to address the critical needs of local commu-          years 2020 through 2023.’’.
                                               sections (a) and (e), during the COVID–19
                                                                                                       nities across the country as a result of the              (2)    CONFORMING        AMENDMENT.—Section
                                               emergency response and recovery period, the
                                                                                                       COVID–19 pandemic, individuals who are 45              121(f)(1) of such Act (42 U.S.C. 12571(f)(1)) of
                                               amount of funds approved by the Corpora-
                                               tion for a grant to operate a program author-           years of age or older may be enrolled as vol-          such Act is amended by striking subpara-
                                               ized under the national service laws, for sup-          unteers to provide services under part A.              graphs (A), (B) and (C) and inserting the fol-
                                               porting individuals serving in approved na-               ‘‘(b)   INCOME     REQUIREMENTS.—Notwith-            lowing:
                                               tional service positions, may not exceed, for           standing section 211(d), during the COVID–19              ‘‘(A) increase the number of positions to
                                               each full-time equivalent position—                     emergency response and recovery period, the            250,000 per year by fiscal year 2023; and
                                                  ‘‘(1) an amount equal to the sum of—                 terms ‘low-income person’ and ‘person of low              ‘‘(B) ensure that the increase described in
                                                  ‘‘(A) $7,500; and                                    income’ under such section shall mean any              subparagraph (A) is achieved through an ap-
                                                  ‘‘(B) the living allowance established under         person whose income is not more than 400               propriate balance of full- and part-time serv-
                                               section 140(a) (including any adjustment at-            percent of the poverty line defined in section         ice positions;’’.
                                               tributable to section 105(b)(4) of the Domes-           673(2) of the Community Services Block                    (b)        AMERICORPS          NCCC.—Section
                                               tic Volunteer Service Act of 1973 (42 U.S.C.            Grant (42 U.S.C. 9902(2)) and adjusted by the          501(a)(3)(A)     of    such    Act    (42  U.S.C.
                                               4955(b))); or                                           Director in the manner described in such sec-          12681(a)(3)(A)) is amended by striking ‘‘such
                                                  ‘‘(2) for a grant for a program meeting the          tion.’’.                                               sums as may be necessary for each of fiscal
                                               requirements described in subsection (e), an              (k) FLEXIBILITY.—                                    years 2010 through 2014.’’ and inserting ‘‘in
                                               amount equal to the sum of—                               (1) POLICY OF MAXIMIZING FLEXIBILITY.—It             addition to any amount appropriated before
                                                                                                       is the sense of the Senate that, in carrying           the date of enactment of the Cultivating Op-
                                                  ‘‘(A) $10,000; and
                                                                                                       out activities under this title, the Corpora-          portunity and Response to the Pandemic
                                                  ‘‘(B) the living allowance established under
                                                                                                       tion for National and Community Service                through Service Act an additional amount of
                                               section 140(a) (including any adjustment re-
                                                                                                                                                              $592,000,000 for fiscal year 2020.’’.
                                               ferred to in paragraph (1)(B)).’’.                      should, consistent with the Domestic Volun-
                                                                                                                                                                 (c) VOLUNTEER GENERATION FUND.—Section
                                                  (2) WAIVER AUTHORITY FOR INCREASED LIMI-             teer Service Act of 1973 (42 U.S.C. 4950 et            501(a)(4) of such Act (42 U.S.C. 12681(a)(4)) is
                                               TATION.—Section 189(e)(1) of the National and           seq.) and the National and Community Serv-             amended—
                                               Community Service Act of 1990 (42 U.S.C.                ice Act of 1990 (42 U.S.C. 12501), maximize the           (1) in subparagraph (A), by striking ‘‘for
                                               12645c(e)(1)) is amended by striking ‘‘$19,500’’        flexibility of State Commissions (as defined           each of fiscal years 2010 through 2014’’ and in-
                                               and inserting ‘‘an amount equal to the sum              in section 101 of such Act (42 U.S.C. 12511)) to       serting ‘‘for fiscal year 2020’’; and
                                               of $10,000 and the living allowance estab-              award and amend grants, consistent with the               (2) in subparagraph (F), by striking ‘‘sec-
                                               lished under section 140(a) (including any ad-          purposes of this title, and to rapidly enroll          tion 198P—’’ and all that follows and insert-
                                               justment referred to in subsection (f)(1)(B))’’.        new individuals to serve in programs under
                                                  (h) INCREASE IN LIMITATION ON TOTAL                                                                         ing ‘‘in addition to any amount appropriated
                                                                                                       the national service laws.                             before the date of enactment of the Culti-
                                               GRANT AMOUNT FOR EDUCATIONAL AWARD                        (2) REPORT ON ACTIVITIES TO MAXIMIZE
                                               ONLY PROGRAM DURING COVID–19 EMERGENCY                                                                         vating Opportunity and Response to the Pan-
                                                                                                       FLEXIBILITY.—Not later than 120 days after
                                               RESPONSE AND RECOVERY PERIOD.—Section                                                                          demic through Service Act, an additional
                                                                                                       the date of enactment of this Act, and in              amount of $50,000,000 for fiscal year 2020.’’.
                                               129A of the National and Community Service              consultation with such State Commissions,
                                               Act of 1990 (42 U.S.C. 12581a) is amended by                                                                      (d) ADMINISTRATION BY THE CORPORATION
                                                                                                       the Chief Executive Officer of the Corpora-            AND STATE COMMISSIONS.—Section 501(a)(5) of
                                               adding at the end the following:                        tion for National and Community Service
                                                  ‘‘(g) INCREASE IN LIMITATION ON TOTAL                                                                       such Act (42 U.S.C. 12681(a)(5)) is amended—
                                                                                                       shall prepare and submit to the Committee                 (1) in subparagraph (A), by striking ‘‘such
                                               GRANT AMOUNT FOR EDUCATIONAL AWARD
                                                                                                       on Health, Education, Labor, and Pensions of           sums as may be necessary for each of fiscal
                                               ONLY PROGRAM DURING COVID–19 EMERGENCY
                                                                                                       the Senate and the Committee on Education              years 2010 through 2014.’’ and inserting ‘‘in
                                               RESPONSE AND RECOVERY PERIOD.—Notwith-
                                                                                                       and Labor of the House of Representatives a            addition to any amount appropriated before
                                               standing the limit described in subsection
                                                                                                       report containing recommendations on what              the date of enactment of the Cultivating Op-
                                               (b), during the COVID–19 emergency response
                                               and recovery period, the Corporation may                additional actions to maximize flexibility for         portunity and Response to the Pandemic
                                               provide the operational support under this              such State Commissions would strengthen                through Service Act, an additional amount
                                               section for a program in an amount that is              the work of State Commissions and their                of $754,000,000 for fiscal year 2020.’’;
                                               not more than $1,600 per individual enrolled            grantees.                                                 (2) in subparagraph (B), by striking ‘‘for a
                                               in an approved national service position, or              (l) FURTHER EXPEDITING RAPID ENROLL-                 fiscal year, a portion’’ and inserting ‘‘a por-
                                               not more than $2,000 per such individual if at          MENT.—Not later than 90 days after the date            tion (from the amounts appropriated under
                                               least 50 percent of the persons enrolled in the         of enactment of this Act, the Chief Executive          subparagraph (A) before the date of enact-
                                               program are disadvantaged youth.’’.                     Officer of the Corporation for National and            ment of the Cultivating Opportunity and Re-
                                                  (i) SEASONAL PROGRAM.—                               Community Service shall review the Cor-                sponse to the Pandemic through Service Act,
                                                  (1) ESTABLISHMENT OF NATIONAL CIVILIAN               poration’s capacity and shall prepare and              and an additional portion of $158,000,000,’’;
                                               COMMUNITY          CORPS     PROGRAM.—Section           submit a report to the Committee on Health,            and
                                               152(b)(2) of the National and Community                 Education, Labor, and Pensions of the Sen-                (3) by adding at the end the following new
                                               Service Act of 1990 (42 U.S.C. 12612(b)(2)) is          ate and the Committee on Education and                 subparagraph:
                                               amended by striking ‘‘summer’’ and insert-              Labor of the House of Representatives con-                ‘‘(C) OUTREACH AND PROMOTION CAMPAIGN
                                               ing ‘‘seasonal’’.                                       taining information about whether a new                FOR COVID–19 RESPONSE OPPORTUNITIES.—Of
                                                  (2) SEASONAL NATIONAL SERVICE PROGRAM.—              unit within the Corporation for National and           the amounts appropriated under subpara-
                                               Section 154 of the National and Community               Community Service should be established to             graph (A), $10,000,000 shall be made available
                                               Service Act of 1990 (42 U.S.C. 12614) is amend-         provide additional assistance or manage the            to carry out an outreach and promotion
                                               ed—                                                     enrollment process to ensure compliance                campaign under section 193A(g)(4).’’.
                                                  (A) in the section heading by striking               with sections 189D and 199I of the National               (e) AMERICORPS VISTA.—Section 501 of the
                                               ‘‘SUMMER’’ and inserting ‘‘SEASONAL’’;                  and Community Service Act of 1990 (42 U.S.C.           Domestic Volunteer Service Act of 1973 (42




SSpencer on DSK126QN23PROD with SENATE
                                                  (B) in subsection (a), by striking ‘‘sum-            12645g; 12655i) for incoming participants in           U.S.C. 5081) is amended—
                                               mer’’ and inserting ‘‘seasonal’’;                       national service programs, particularly new               (1) in subsection (a)(1), by striking
                                                  (C) in subsection (b), by striking ‘‘50 per-         national service programs receiving program            ‘‘$100,000,000 for fiscal year 2010 and such
                                               cent of the participants in the summer’’ and            assistance for the first time.                         sums as may be necessary for each of the fis-
                                               inserting ‘‘35 percent of the participants in           SEC. ll9. AUTHORIZATIONS OF APPROPRIA-                 cal years 2011 through 2014.’’ and inserting ‘‘,
                                               the seasonal’’; and                                                TIONS.                                      in addition to any amount appropriated be-
                                                  (D) by striking subsection (c) and inserting           (a) AMERICORPS STATE AND NATIONAL; EDU-              fore the date of enactment of the Cultivating
                                               the following:                                          CATIONAL AWARDS.—                                      Opportunity and Response to the Pandemic




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                                               S5332                                             CONGRESSIONAL RECORD — SENATE                                                        August 6, 2020
                                               through Service Act, an additional amount                 ‘‘(1) IN GENERAL.—The Secretary shall pay            structure bond (as defined in section 6431 of
                                               of $1,100,000,000 for fiscal year 2020.’’; and          (contemporaneously with each interest pay-             the Internal Revenue Code of 1986 (as added
                                                 (2) in subsection (d), by striking the period         ment date under such bond) to the issuer of            by this Act)) and the amount of any credit
                                               and inserting ‘‘, except that any additional            such bond (or to any person who makes such             determined under such section with respect
                                               amount appropriated under an amendment                  interest payments on behalf of the issuer)             to such bond shall be treated for purposes of
                                               made by the Cultivating Opportunity and                 the applicable percentage of the interest              the income tax laws of such State as being
                                               Response to the Pandemic through Service                payable under such bond on such date.                  exempt from Federal income tax.
                                               Act shall remain available for obligation                 ‘‘(2) APPLICABLE PERCENTAGE.—For pur-                  (d) ADJUSTMENT TO PAYMENT TO ISSUERS IN
                                               through fiscal year 2023.’’.                            poses of paragraph (1), the applicable per-            CASE OF SEQUESTRATION.—
                                                 (f) NATIONAL SENIOR SERVICE CORPS.—Sec-               centage shall be equal to—                               (1) IN GENERAL.—In the case of any pay-
                                               tion 502 of such Act (42 U.S.C. 5082) is amend-           ‘‘(A) in the case of any American infra-             ment under subsection (b) of section 6431 of
                                               ed by adding at the end the following:                  structure bond issued before January 1, 2026,          the Internal Revenue Code of 1986 (as added
                                                 ‘‘(e) ONLINE SERVICE RESOURCES.—There                 35 percent, and                                        by this Act) made after the date of enact-
                                               are authorized to be appropriated, to develop             ‘‘(B) in the case of any American infra-             ment of this Act to which sequestration ap-
                                               online service resources to carry out parts A,          structure bond issued after December 31,               plies, the amount of such payment shall be
                                               B, C, and E of title II, $5,000,000 for fiscal          2025, 28 percent.                                      increased to an amount equal to—
                                               year 2020.’’.                                             ‘‘(3) INTEREST PAYMENT DATE.—For pur-                  (A) such payment (determined before such
                                               SEC. l10. TABLE OF CONTENTS.                            poses of this subsection, the term ‘interest           sequestration), multiplied by
                                                 (a) NCSA.—The table of contents in section            payment date’ means each date on which the               (B) the quotient obtained by dividing the
                                               1(b) of the National Community Service Act              holder of record of the American infrastruc-           number 1 by the amount by which the num-
                                               of 1990 is amended—                                     ture bond is entitled to a payment of inter-           ber 1 exceeds the percentage reduction in
                                                 (1) by striking the item relating to section          est under such bond.                                   such payment pursuant to such sequestra-
                                               154 and inserting the following:                          ‘‘(c) AMERICAN INFRASTRUCTURE BOND.—                 tion.
                                               ‘‘Sec. 154. Seasonal national summer pro-                 ‘‘(1) IN GENERAL.—For purposes of this sec-            (2) SEQUESTRATION.—For purposes of this
                                                              gram.’’;                                 tion, the term ‘American infrastructure                subsection, the term ‘‘sequestration’’ means
                                                 (2) by striking the item relating to section          bond’ means any obligation if—                         any reduction in direct spending ordered in
                                               189A and inserting the following:                         ‘‘(A) the interest on such obligation would          accordance with a sequestration report pre-
                                                                                                       (but for this section) be excludable from              pared by the Director of the Office and Man-
                                               ‘‘Sec. 189A. Matching requirements for se-              gross income under section 103,                        agement and Budget pursuant to the Bal-
                                                              verely economically distressed             ‘‘(B) either—                                        anced Budget and Emergency Deficit Control
                                                              communities; matching funds                ‘‘(i) the obligation is not a private activity       Act of 1985 or the Statutory Pay-As-You-Go
                                                              during COVID–19 response and             bond, or                                               Act of 2010 or future legislation having simi-
                                                              recovery period.’’;                        ‘‘(ii) the obligation is a private activity          lar effect.
                                               and                                                     bond, but it is issued as part of an issue 95            (e) EFFECTIVE DATE.—The amendments
                                                 (3) by striking the item relating to the              percent or more of the net proceeds of which           made by this section shall apply to obliga-
                                               title heading for title IV and all that follows         are to be used to finance or refinance prop-           tions issued after the date of enactment of
                                               through the item relating to section 401 and            erty that meets the ownership test in section          this Act.
                                               inserting the following:                                145(a)(1), as applied by substituting ‘95 per-
                                                    ‘‘TITLE IV—RESPONSE PROJECTS                       cent of the property’ for ‘all property’, and            SA 2635. Mr. WICKER (for himself,
                                               ‘‘Sec. 401. Projects honoring victims of ter-             ‘‘(C) the issuer makes an irrevocable elec-          Mr. BARRASSO, Mrs. CAPITO, Mr.
                                                              rorist attacks.                          tion to have this section apply.                       PERDUE, Mr. BOOZMAN, Mr. MORAN, and
                                               ‘‘Sec. 402. COVID–19 emergency response and               ‘‘(2) APPLICABLE RULES.—For purposes of
                                                              recovery period augmentation             applying paragraph (1)—
                                                                                                                                                              Ms. MURKOWSKI) submitted an amend-
                                                              and expansion grants.’’.                   ‘‘(A) for purposes of section 149(b), a bond         ment intended to be proposed to
                                                 (b) DVSA.—The table of contents in sec-               shall not be treated as federally guaranteed           amendment SA 2499 proposed by Mr.
                                               tion 1(b) of the National Community Service             by reason of the credit allowed under this             MCCONNELL to the bill S. 178, to con-
                                               Act of 1990 is amended—                                 section, and                                           demn gross human rights violations of
                                                 (1) in the items relating to part D of title            ‘‘(B) a bond shall not be treated as an              ethnic Turkic Muslims in Xinjiang, and
                                               II, by adding at the end the following:                 American infrastructure bond if the issue              calling for an end to arbitrary deten-
                                               ‘‘Sec. 229. COVID–19 emergency response and             price has more than a de minimis amount                tion, torture, and harassment of these
                                                              recovery period.’’;                      (determined under rules similar to the rules
                                                                                                       of section 1273(a)(3)) of premium over the
                                                                                                                                                              communities inside and outside China;
                                                 (2) by inserting after the item relating to
                                                                                                       stated principal amount of the bond.                   which was ordered to lie on the table;
                                               the title heading for title IV the following:
                                                                                                         ‘‘(d) SPECIAL RULES.—                                as follows:
                                               ‘‘Sec. 401. Definitions.’’;
                                                                                                         ‘‘(1) INTEREST ON AMERICAN INFRASTRUC-                 At the appropriate place, insert the fol-
                                               and
                                                 (3) by striking the item relating to section
                                                                                                       TURE BONDS INCLUDIBLE IN GROSS INCOME FOR              lowing:
                                                                                                       FEDERAL INCOME TAX PURPOSES.—For pur-                  SEC. lll. REINSTATEMENT OF ADVANCE RE-
                                               421 and inserting the following:
                                                                                                       poses of this title, interest on any American                    FUNDING BONDS.
                                               ‘‘Sec. 421. Online service platform.’’.                 infrastructure bond shall be includible in               (a) IN GENERAL.—The amendments made by
                                                                                                       gross income.                                          section 13532 of Public Law 115-97 are re-
                                                 SA 2634. Mr. WICKER submitted an                         ‘‘(2) APPLICATION OF ARBITRAGE RULES.—              pealed and the provisions of law amended by
                                               amendment intended to be proposed by                    For purposes of section 148, the yield on an           such section are restored as if such section
                                               him to the bill S. 178, to condemn gross                issue of American infrastructure bonds shall           had never been enacted.
                                               human rights violations of ethnic                       be reduced by the credit allowed under this              (b) EFFECTIVE DATE.—The repeal made by
                                               Turkic Muslims in Xinjiang, and call-                   section, except that no such reduction shall           this section shall take effect on the date of
                                               ing for an end to arbitrary detention,                  apply with respect to determining the                  enactment of this Act.
                                                                                                       amount of gross proceeds of an issue that
                                               torture, and harassment of these com-
                                                                                                       qualifies as a reasonably required reserve or            SA 2636. Mr. MCCONNELL (for Mrs.
                                               munities inside and outside China;                      replacement fund.
                                               which was ordered to lie on the table;                                                                         FISCHER) proposed an amendment to
                                                                                                          ‘‘(e) REGULATIONS.—The Secretary may
                                               as follows:                                             prescribe such regulations and other guid-             the resolution S. Res. 659, designating
                                                 At the appropriate place, insert the fol-             ance as may be necessary or appropriate to             September 2020 as ‘‘School Bus Safety
                                               lowing:                                                 carry out this section.’’.                             Month’’; as follows:
                                               SEC. lll. CREDIT FOR AMERICAN INFRASTRUC-                  (b) CONFORMING AMENDMENTS.—                            In the sixth whereas clause of the pre-
                                                          TURE BONDS ALLOWED TO ISSUERS.                  (1) The table of sections for subchapter B          amble, strike ‘‘school districts’’ and insert
                                                 (a) IN GENERAL.—Subchapter B of chapter               of chapter 65 of subtitle F of the Internal            ‘‘schools’’.
                                               65 of the Internal Revenue Code of 1986 is              Revenue Code of 1986 is amended by adding
                                               amended by inserting after section 6430 the             at the end the following new item:                       SA 2637. Mr. MCCONNELL (for Mr.
                                               following new section:                                  ‘‘Sec. 6431. Credit to issuer of american in-          THUNE) proposed an amendment to the




SSpencer on DSK126QN23PROD with SENATE
                                               ‘‘SEC. 6431. CREDIT TO ISSUER OF AMERICAN IN-                           frastructure bonds.’’.                 joint resolution S.J. Res. 74, requesting
                                                             FRASTRUCTURE BONDS.                          (2) Subparagraph (A) of section 6211(b)(4) of       the Secretary of the Interior to author-
                                                  ‘‘(a) IN GENERAL.—The issuer of an Amer-             such Code is amended by inserting
                                                                                                                                                              ize a unique and 1-time arrangement
                                               ican infrastructure bond shall be allowed a             ‘‘6431,’’after ‘‘36B,’’.
                                               credit with respect to each interest payment               (c) TRANSITIONAL COORDINATION WITH                  for certain displays on Mount Rush-
                                               under such bond which shall be payable by               STATE LAW.—Except as otherwise provided                more National Memorial relating to
                                               the Secretary as provided in subsection (b).            by a State after the date of the enactment of          the centennial of the ratification of the
                                                 ‘‘(b) PAYMENT OF CREDIT.—                             this Act, the interest on any American infra-          19th Amendment to the Constitution of



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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S5333
                                               the United States during the period be-                 can American in a class of about 200 stu-              and fought for the rights of poor clients for
                                               ginning August 18, 2020, and ending on                  dents;                                                 nearly 20 years thereafter;
                                               September 30, 2020; as follows:                           Whereas, in 1929, Louis L. Redding became              Whereas, in 1984, Louis L. Redding retired
                                                                                                       the first African American to pass the Dela-           after 55 years of practicing law;
                                                 On page 3, strike lines 17 and 18, and insert
                                                                                                       ware bar;                                                Whereas Louis L. Redding was a member of
                                               the following:
                                                 2020;                                                   Whereas Louis L. Redding remained the                many national organizations, including—
                                                 (2) encourages the Secretary of the Inte-             only African-American lawyer in Delaware                 (1) the National Bar Association;
                                                                                                       for 26 years;                                            (2) the National Association for the Ad-
                                               rior, in planning the event requested to be
                                                                                                         Whereas, in 1949, Louis L. Redding was ad-           vancement of Colored People;
                                               authorized under paragraph (1), to consult                                                                       (3) the National Lawyers Guild; and
                                               with the Director of the Centers for Disease            mitted to the Delaware Bar Association, an
                                                                                                       organization from which Louis L. Redding                 (4) the Emergency Civil Liberties Com-
                                               Control and Prevention or a designee of the                                                                    mittee;
                                               Director of the Centers for Disease Control             had been excluded for 20 years after having
                                                                                                       passed the Delaware bar;                                 Whereas Louis L. Redding was awarded the
                                               and Prevention regarding precautions for
                                                                                                         Whereas, in 1950, Louis L. Redding and               Martin Luther King, Jr. Memorial Award by
                                               events and large gatherings to limit the
                                               spread of COVID–19, including—                          Jack Greenberg, a lawyer for the NAACP                 the National Education Association and an
                                                 (A) clearly communicating the precautions             Legal Defense and Educational Fund, filed              honorary Doctor of Law degree from Brown
                                               in place to the public through signage;                 the case of Parker v. University of Delaware           University;
                                                 (B) facilitating social distancing; and               to protest the segregated college system in              Whereas the University of Delaware estab-
                                                 (C) promoting safe hygiene practices for              Delaware;                                              lished the Louis L. Redding Chair for the
                                               staff and visitors;                                       Whereas, in August 1950, Chancellor Collins          Study of Law and Public Policy in the
                                                 (3) requires the Secretary of the Interior,           Seitz ruled in Parker v. University of Dela-           School of Education;
                                               in carrying out the event requested to be au-           ware, 75 A.2d 225 (Del. Ch. 1950), that, under           Whereas Pulitzer Prize winning author
                                               thorized under paragraph (1), to adhere to, to          Plessy v. Ferguson, 163 U.S. 537 (1896), the           Richard Kluger described Louis L. Redding
                                               the maximum extent practicable, any pre-                State of Delaware violated the Constitution            as a man who fought, largely alone, for the
                                               cautions recommended in the publication of              of the United States by offering a separate            civil rights and liberties of Black Dela-
                                               the Centers for Disease Control and Preven-             but not equal education in the State college           wareans;
                                               tion entitled ‘‘Considerations for Events and           and university system;                                   Whereas former Secretary of Transpor-
                                               Gatherings’’ during that event; and                       Whereas, in 1951, Louis L. Redding and               tation William T. Coleman, Jr., stated that
                                                 (4) respectfully requests that the Secretary          Jack Greenberg filed—                                  the giants of the civil rights movement were
                                                                                                         (1) Belton v. Gebhart, a case that con-              Houston Hastings, Louis L. Redding, and
                                               of
                                                                                                       cerned the desegregation of high schools; and          Thurgood Marshall;
                                                                                                         (2) Bulah v. Gebhart, a case that concerned
                                                 SA 2638. Mr. MCCONNELL (for Mr.                                                                                Whereas, on September 29, 1998, Louis L.
                                                                                                       the desegregation of elementary schools;               Redding died at the age of 96 in Lima, Penn-
                                               COONS) proposed an amendment to the
                                                                                                         Whereas, in 1952, the Belton and Bulah               sylvania;
                                               concurrent resolution S. Con. Res. 37,
                                                                                                       cases were consolidated in the Delaware                  Whereas Louis L. Redding broke down bar-
                                               honoring the life and work of Louis                     Court of Chancery, where, in Belton v.                 riers and paved the way for countless Afri-
                                               Lorenzo Redding, whose lifelong dedi-                   Gebhart, 87 A.2d 862 (Del. Ch. 1952), Chan-            can-American lawyers to follow in his foot-
                                               cation to civil rights and service stand                cellor Collins Seitz ordered the Delaware              steps, including—
                                               as an example of leadership for all peo-                State Board of Education to open all schools             (1) Theophilus Nix, Sr., the second African
                                               ple; as follows:                                        in Delaware to African Americans;                      American to pass the Delaware bar exam;
                                                 Strike the preamble and insert the fol-                 Whereas the Delaware State Board of Edu-               (2) Leonard L. Williams, the second Afri-
                                               lowing:                                                 cation appealed the decision of Chancellor             can-American judge in Delaware; and
                                                 Whereas Louis Lorenzo Redding (referred               Collins Seitz to the Supreme Court of Dela-              (3) Haile L. Alford, the first African-Amer-
                                               to in this preamble as ‘‘Louis L. Redding’’)            ware, which upheld the decision of the Chan-           ican female judge in Delaware; and
                                               was born on October 25, 1901, in Alexandria,            cellor in Gebhart v. Belton, 91 A.2d 137 (Del.           Whereas Louis L. Redding is remembered
                                               Virginia, the eldest of 5 children born to              1952);                                                 as an individual who figured prominently in
                                               Lewis Alfred and Mary Ann Holmes Redding;                 Whereas the case then came before the Su-            the struggle for desegregation and as a law-
                                                 Whereas Louis L. Redding was an educator,             preme Court of the United States on a writ             yer who never lost a desegregation case:
                                               attorney, and lifelong activist who worked              of certiorari to the Supreme Court of Dela-            Now, therefore, be it
                                               on civil rights and educational issues;                 ware;
                                                 Whereas Louis L. Redding graduated from                 Whereas Louis L. Redding and Jack Green-               SA 2639. Ms. MCSALLY (for herself
                                               Howard High School in 1919, which, at that              berg argued the case alongside Thurgood                and Mr. RISCH) submitted an amend-
                                               time, was the only public high school for Af-           Marshall, the first African-American Justice           ment intended to be proposed to
                                               rican-American students in Delaware;                    of the Supreme Court of the United States,             amendment SA 2499 proposed by Mr.
                                                 Whereas Louis L. Redding received a bach-             as the last of a group of 5 school desegrega-          MCCONNELL to the bill S. 178, to con-
                                               elor’s degree from Brown University in 1923;            tion cases heard and decided by the Supreme
                                                                                                                                                              demn gross human rights violations of
                                                 Whereas, while at Brown University, Louis             Court of the United States in Brown v. Board
                                                                                                       of Education of Topeka, 347 U.S. 483 (1954),           ethnic Turkic Muslims in Xinjiang, and
                                               L. Redding and 7 other men established a
                                               chapter of the Alpha Phi Alpha fraternity in            and Bolling v. Sharpe, 347 U.S. 497 (1954);            calling for an end to arbitrary deten-
                                               Providence, Rhode Island;                                 Whereas, on May 17, 1954, the Supreme                tion, torture, and harassment of these
                                                 Whereas, in 1923, Louis L. Redding was the            Court of the United States held in Brown v.            communities inside and outside China;
                                               first African American awarded the pres-                Board of Education of Topeka, 347 U.S. 483             which was ordered to lie on the table;
                                               tigious William Gaston Prize for excellence             (1954), that separate educational facilities for       as follows:
                                               in oratory and, as a result, delivered a com-           racial minorities violated the Equal Protec-             At the appropriate place, insert the fol-
                                               mencement speech at Brown University;                   tion Clause of the 14th Amendment to the               lowing:
                                                 Whereas Louis L. Redding became an                    Constitution of the United States, thus hold-          SEC. llll. NUCLEAR REGULATORY COMMIS-
                                               English instructor and the vice principal of            ing that school segregation was unconstitu-                       SION FEE WAIVER.
                                               Fessenden Academy outside of Ocala, Flor-               tional;                                                  (a) IN GENERAL.—Notwithstanding the sec-
                                               ida, the oldest continuously operated school              Whereas, on February 21, 1961, Louis L.              ond and fourth provisos under the heading
                                               originally for African-American students in             Redding argued to the Supreme Court of the             ‘‘SALARIES AND EXPENSES’’ under the heading
                                               Florida;                                                United States in the case of Burton v. Wil-            ‘‘NUCLEAR REGULATORY COMMISSION’’ in title
                                                 Whereas Louis L. Redding left Fessenden               mington Parking Authority that a private               IV of division C of the Further Consolidated
                                               Academy to teach English in the high school             company with a relationship to a govern-               Appropriations Act, 2020 (Public Law 116–94;
                                               division of Morehouse College, a historically           ment agency was in violation of the Equal              133 Stat. 2682), the first and second provisos
                                               Black college in Atlanta, Georgia;                      Protection Clause of the 14th Amendment to             under the heading ‘‘OFFICE OF INSPECTOR GEN-
                                                 Whereas, after 2 years of teaching, Louis L.          the Constitution of the United States if the           ERAL’’ under the heading ‘‘NUCLEAR REGU-
                                               Redding enrolled in Harvard Law School in               private company refused to provide service             LATORY COMMISSION’’ in that title (133 Stat.
                                               1925;                                                   to a customer on the basis of race;                    2683), and section 6101 of the Omnibus Budget
                                                 Whereas, in 1926, as a law student at Har-              Whereas, in April 1961, the Supreme Court            Reconciliation Act of 1990 (42 U.S.C. 2214),
                                               vard Law School, Louis L. Redding was                   of the United States established the prin-




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                                                                                                                                                              the total amount of revenues received by the
                                               ejected from the Wilmington, Delaware, mu-              ciple of State action in Burton v. Wil-                Nuclear Regulatory Commission from licens-
                                               nicipal court while protesting segregation of           mington Parking Authority, 365 U.S. 715                ing fees, inspection services, or other serv-
                                               the courtroom;                                          (1961), and ruled that a private entity may            ices and collections during fiscal year 2020
                                                 Whereas that municipal court was the first            not discriminate on the basis of race if the           shall not exceed the total amount of those
                                               court in Wilmington, Delaware, to deseg-                State has approved, encouraged, or facili-             revenues received by the Nuclear Regulatory
                                               regate its gallery;                                     tated the relevant private conduct;                    Commission prior to March 31, 2020.
                                                 Whereas Louis L. Redding graduated from                 Whereas, in 1965, Louis L. Redding became               (b) EMERGENCY REQUIREMENT DESIGNA-
                                               Harvard Law School in 1928 as the only Afri-            a public defender for the State of Delaware            TION.—




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                                               S5334                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                                 (1) IN GENERAL.—Of the amounts appro-                 of authorization to team members describ-              best practices in infection control and pre-
                                               priated for the Nuclear Regulatory Commis-              ing—                                                   vention.
                                               sion for fiscal year 2020 in the Further Con-             (i) the individual’s designation to serve on           (C) COORDINATION WITH OTHER FEDERAL EN-
                                               solidated Appropriations Act, 2020 (Public              1 or more teams under an emergency procla-             TITIES.—The Secretary shall seek input as
                                               Law 116–94; 133 Stat. 2534), the amount de-             mation by the Secretary;                               appropriate on the training courses devel-
                                               scribed in paragraph (2) is designated by Con-            (ii) the mission of the team;                        oped under this subsection from the Elder
                                               gress as being for an emergency requirement               (iii) the authority of the individual to per-        Justice Coordinating Council and the Direc-
                                               pursuant to section 251(b)(2)(A)(i) of the Bal-         form the team mission;                                 tor of the Centers for Disease Control and
                                               anced Budget and Emergency Deficit Control                (iv) the individual’s authority to access            Prevention.
                                               Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).                 places, persons, and materials necessary for             (D) INTERACTIVE WEBSITE.—The Secretary
                                                 (2) AMOUNT DESCRIBED.—The amount re-                  the team member’s performance of the                   is authorized to create an interactive
                                               ferred to in paragraph (1) is the difference be-        team’s mission;                                        website to disseminate training materials
                                               tween—                                                    (v) the requirement that team members                and related information in the areas of infec-
                                                 (A) $728,054,000; and                                 maintain the confidentiality of patient in-            tion control and prevention, for purposes of
                                                 (B) the total amount of revenues described            formation shared with such individuals by a            carrying out this subsection during the
                                               in subsection (a) received by the Nuclear               participating provider; and                            COVID–19 public health emergency period.
                                               Regulatory Commission prior to March 31,                  (vi) the required security background                  (c) PROMOTING TRANSPARENCY IN COVID–19
                                               2020.                                                   checks that the individual has passed.                 REPORTING BY NURSING FACILITIES AND LONG-
                                                 (c) ADDITIONAL APPROPRIATIONS.—                         (C) SECRETARIAL OVERSIGHT.—The Sec-                  TERM CARE FACILITIES.—
                                                 (1) IN GENERAL.—There is appropriated, out            retary may, at any time, disband any strike              (1) COLLECTION AND REPORTING OF STAFFING
                                               of amounts in the Treasury not otherwise                team and rescind the letter of authorization           DATA BY NURSING FACILITIES DURING COVID–19
                                               appropriated, for the fiscal year ending Sep-           for any team member.                                   EMERGENCY PERIOD.—The Secretary shall de-
                                               tember 30, 2021—                                          (D) TEAM AND MEMBER AUTHORITY.—A team                velop a plan for ensuring that participating
                                                 (A) for an additional amount under the                and team member may not use the letter of              providers resume compliance with the re-
                                               heading ‘‘Nuclear Regulatory Commission—                authorization described in subparagraph (B)            quirement, under section 1128I(g) of the So-
                                               Salaries and Expenses’’, $729,000,000, to be-           for any purpose except in connection with              cial Security Act (42 U.S.C. 1320a–7j(g)), to
                                               come available on October 1, 2020, and to re-           the team’s mission of acting in good faith to          electronically submit direct care staffing in-
                                               main available until expended; and                      promote resident and employee safety in                formation based on payroll and other
                                                 (B) for an additional amount under the                participating providers in which COVID–19 is           auditable data (including measures to ensure
                                               heading ‘‘Nuclear Regulatory Commission—                confirmed to be present.                               that the submitted data includes direct care
                                               Office of Inspector General’’, $11,000,000, to            (E) ADMINISTRATION.—The Secretary, in                staffing information for the entire duration
                                               become available on October 1, 2020, and to             consultation with the Director of the Cen-             of the COVID–19 emergency period).
                                               remain available until September 30, 2022.              ters for Disease Control and Prevention, may             (2) COLLECTION AND REPORTING OF DATA RE-
                                                 (2) LIMITATION.—The Nuclear Regulatory                establish protocols and procedures for re-             LATED TO COVID–19 BY NURSING FACILITIES DUR-
                                               Commission shall not collect fees during fis-           questing the assistance of a strike team es-           ING COVID–19 EMERGENCY PERIOD.—The Sec-
                                               cal year 2021 for licensing, inspection serv-           tablished under this subsection and any                retary shall ensure that participating pro-
                                               ices, or other services and collections.                other procedures deemed necessary for the              viders and long-term care facilities report all
                                                 (3)    EMERGENCY       DESIGNATION.—      The         team’s operation.                                      suspected and confirmed cases of COVID–19
                                               amounts made available under paragraph (1)                (F) SUPPLEMENTATION OF OTHER RESPONSE                among personnel and residents of the pro-
                                               are designated by Congress as being for an              EFFORTS.—Strike teams established by the               vider or facility, all COVID–19-related fatali-
                                               emergency requirement pursuant to section               Secretary under this subsection shall supple-          ties among personnel and residents of the
                                               251(b)(2)(A)(i) of the Balanced Budget and              ment and not supplant response efforts car-            provider or facility, and all fatalities among
                                               Emergency Deficit Control Act of 1985 (2                ried out by a State strike team or a tech-             personnel and residents of the provider or fa-
                                               U.S.C. 901(b)(2)(A)(i)).                                nical assistance team established by the Sec-          cility, whether related to COVID–19 or unre-
                                                                                                       retary during the COVID-19 public health               lated to COVID–19, for the period beginning
                                                 SA 2640. Mr. GRASSLEY submitted                       emergency period.                                      on January 1, 2020, to the Secretary.
                                               an amendment intended to be proposed                      (b) PROMOTING COVID–19 TESTING AND IN-                 (3) REPORTING OF NURSING FACILITY DATA
                                               by him to the bill S. 178, to condemn                   FECTION CONTROL IN NURSING FACILITIES.—                RELATED TO COVID–19 BY THE SECRETARY.—Not
                                               gross human rights violations of ethnic                   (1) NURSING HOME PROTECTIONS.—The Sec-               later than 10 days after the date of enact-
                                               Turkic Muslims in Xinjiang, and call-                   retary, in consultation with the Elder Jus-            ment of this Act, and at least weekly there-
                                                                                                       tice Coordinating Council established under            after during the COVID–19 public health
                                               ing for an end to arbitrary detention,
                                                                                                       section 2021 of the Social Security Act (42            emergency period, the Secretary shall pro-
                                               torture, and harassment of these com-                                                                          vide the Governor of each State with a list of
                                                                                                       U.S.C. 1397k), is authorized during the
                                               munities inside and outside China;                      COVID–19 public health emergency period to             all participating providers in the State with
                                               which was ordered to lie on the table;                  enhance efforts by participating providers to          respect to which the reported cases of
                                               as follows:                                             respond to COVID–19, including through—                COVID–19 in visitors to, personnel of, and
                                                 At the appropriate place, insert the fol-               (A) development of online training courses           residents of, such providers increased during
                                               lowing:                                                 for personnel of participating providers, sur-         the previous week (or, in the case of the first
                                               SEC. ll. EMERGENCY SUPPORT AND COVID–19                 vey agencies, the long-term care ombudsman             such list, during the 10-day period beginning
                                                          PROTECTIONS    FOR     NURSING               of each State, and other individuals to facili-        on the date of enactment of this Act).
                                                          HOMES.                                       tate the implementation of paragraph (2);                (4) CONFIDENTIALITY.—Any information re-
                                                 (a) ESTABLISHING COVID–19 STRIKE TEAMS                  (B) enhanced diagnostic testing of visitors          ported under this subsection that is made
                                               FOR NURSING FACILITIES.—                                to, personnel of, and residents of, partici-           available to the public shall be made so
                                                 (1) IN GENERAL.—The Secretary is author-              pating providers in which measures of                  available in a manner that protects the iden-
                                               ized to establish and support the operation of          COVID–19 in the community support more                 tity of residents of participating providers
                                               strike teams comprised of individuals with              frequent testing for COVID–19;                         and long-term care facilities.
                                               relevant skills, qualifications, and experi-              (C) development of training materials for              (d) EXTENDING ELDER JUSTICE ACT PROTEC-
                                               ence to respond to COVID–19-related crises in           personnel of participating providers, the              TIONS DURING THE COVID–19 EMERGENCY PE-
                                               participating providers during the COVID–19             long-term care ombudsman of each State,                RIOD.—
                                               public health emergency period, based on                and representatives and family members of                (1) LONG-TERM CARE OMBUDSMAN PROGRAM
                                               data reported by such providers to the Cen-             residents; and                                         GRANTS AND TRAINING.—Section 2043 of the
                                               ters for Disease Control and Prevention.                  (D) providing support to participating pro-          Social Security Act (42 U.S.C. 1397m–2) is
                                                 (2) MISSION AND COMPOSITION OF STRIKE                 viders in areas deemed by the Secretary to             amended—
                                               TEAMS.—                                                 require additional assistance due to the pres-           (A) in subsection (a)—
                                                 (A) IN GENERAL.—Strike teams established              ence COVID–19 infections.                                (i) in paragraph (1)(A), by inserting ‘‘(in-
                                               by the Secretary may include assessment,                  (2) TRAINING ON BEST PRACTICES IN INFEC-             cluding during the emergency period de-
                                               testing, and clinical teams, and a mission for          TION CONTROL AND PREVENTION.—                          scribed in section 1135(g)(1)(B), from amounts
                                               each such team may include performing                     (A) IN GENERAL.—The Secretary shall de-              made available with respect to such period in
                                               medical examinations, conducting COVID–19               velop training courses on infection control            accordance with paragraph (2)(D))’’ before




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                                               testing, and assisting participating providers          and prevention, including cohorting, strate-           the semicolon; and
                                               with the implementation of infection control            gies and use of telehealth to mitigate the               (ii) in paragraph (2)—
                                               practices (such as quarantine, isolation, or            transmission of COVID–19 in participating                (iii) in subparagraph (B), by striking ‘‘and’’
                                               disinfection procedures).                               providers during the COVID–19 public health            after the semicolon;
                                                 (B) LETTER OF AUTHORIZATION.—Strike                   emergency period.                                        (iv) in subparagraph (C), by striking the
                                               teams and members of such teams shall be                  (B) DEVELOPMENT.—To the extent prac-                 period at the end and inserting a semicolon;
                                               subject to the Secretary’s oversight and di-            ticable, the training programs developed by            and
                                               rection and the Secretary may issue a letter            the Secretary under this subsection shall use            (v) by adding at the end the following:




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5335
                                                  ‘‘(D) for the emergency period described in          chairperson of the task force. The Director               (2) DEFINITIONS.—The terms used in this
                                               section 1135(g)(1)(B), $12,000,000.’’;                  of the Department’s Office of Minority                 subsection shall have the meaning given
                                                  (B) in subsection (b)—                               Health shall serve as the vice chairperson.            such terms in section 102 of the Controlled
                                                  (i) in paragraph (1), by inserting ‘‘(includ-          (B) STAFF.—The task force shall have at              Substances Act (42 U.S.C. 802). For purposes
                                               ing during the emergency period described in            least 2 full-time staff members, with diverse          of paragraph (1), the ‘‘improper prescribing,
                                               section 1135(g)(1)(B), from amounts made                and relevant experience, including, but not            administering, or dispensing of controlled
                                               available with respect to such period in ac-            limited to academic, community, govern-                substances’’ includes doing so in any of the
                                               cordance with paragraph (2))’’ before the pe-           mental, or vocational work. The staff mem-             following respects:
                                               riod; and                                               bers, in coordination with the Chairperson                (A) In excessive quantities.
                                                  (ii) in paragraph (2), by inserting before the       and Vice Chairperson shall appoint at least               (B) For other than a legitimate medical
                                               period the following: ‘‘, and for the emer-             two representatives from the aging commu-              purpose or outside the usual course of profes-
                                               gency       period    described      in    section      nity to serve on the task force in addition to         sional practice.
                                               1135(g)(1)(B), $12,000,000’’.                           at least four representatives providing ample             (C) Beyond the scope of the practitioner’s
                                                  (2) ELDER JUSTICE COORDINATING COUNCIL.—             representation with respect to the demo-               DEA registration.
                                                  (A) MEMBERSHIP.—Section 2021(b)(1) of the            graphics of residents and caregivers of all               (D) In any other manner not permitted by
                                               Social Security Act (42 U.S.C. 1397k(b)(1)) is          long-term care facilities, particularly with           the Controlled Substances Act (21 U.S.C. 801
                                               amended—                                                respect to members of racial or ethnic mi-             et. seq.).
                                                  (i) by redesignating subparagraph (C) as             nority groups and communities of color, and               (3) ACCESS TO EVIDENCE.—When making the
                                               subparagraph (D); and                                   communities with preexisting health chal-              reports required under paragraph (1), the
                                                  (ii) by inserting after subparagraph (B), the        lenges or difficulties in accessing care.              Secretary shall provide the Drug Enforce-
                                               following:                                                (C) MEETINGS.—The task force shall con-              ment Administration with any relevant
                                                  ‘‘(C) The Administrator of the Federal               vene at least monthly, with the first meeting          records or other evidence that Drug Enforce-
                                               Emergency Management Agency.’’.                         to occur within 60 days after the enactment            ment Administration requests for purposes
                                                  (B) DUTIES.—Section 2021(f)(1) of such Act           of this Act.                                           of carrying out its functions under the Con-
                                               (42 U.S.C. 1397k(f)(1)) is amended by inserting           (4) REPORTING AND RECOMMENDATIONS.—                  trolled Substances Act. The Drug Enforce-
                                               ‘‘the Federal Emergency Management Agen-                  (A) MONTHLY REPORTS.—Not later than 45               ment Administration may use any such in-
                                               cy,’’ after ‘‘Justice,’’.                               days after the 1st meeting of the task force,          formation or other evidence provided by the
                                                  (3) ADULT PROTECTIVE SERVICES FUNCTIONS              and monthly thereafter, the task force shall           Secretary for the purposes of any criminal,
                                               AND GRANT PROGRAMS.—Section 2042 of the                 submit to Congress, the Centers for Medicare           civil, or administrative proceeding arising
                                               Social Security Act (42 U.S.C. 1397m–1) is              and Medicaid, and the Centers for Disease              out the Controlled Substances Act.
                                               amended—                                                Control and Prevention a report that in-
                                                                                                                                                                 (g) FUNDING.—
                                                  (A) in subsection (a)(2), by inserting ‘‘, and       cludes—
                                                                                                                                                                 (1) CARES ACT.—-The Secretary may use
                                               $5,000,000 for the emergency period described             (i) recommended methodologies for im-
                                                                                                                                                              amounts appropriated for COVID–19 response
                                               in section 1135(g)(1)(B)’’ after ‘‘2014’’;              proving Federal data collection, including
                                                                                                                                                              and related activities pursuant to the
                                                  (B) in subsection (b)(5), by inserting ‘‘, and       transparent publication of such data and in-
                                                                                                                                                              CARES Act (Public Law 116–136) and subse-
                                               $150,000,000 for the emergency period de-               formation on resident outcomes in long-term
                                               scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’;      care facilities with disproportionately high           quently enacted legislation to carry out this
                                               and                                                     rates of admission of individuals who are              section and the amendments made by this
                                                  (C) in subsection (c)(6), by inserting ‘‘, and       members of racial or ethnic minority groups;           section.
                                               $30,000,000 for the emergency period described            (ii) the identification of long-term care fa-           (2) PREVENTION AND PUBLIC HEALTH FUND.—
                                               in section 1135(g)(1)(B)’’ after ‘‘2014’’.              cilities evidencing racial or ethnic dispari-          The Secretary may use amounts in the Pre-
                                                  (4)     TECHNICAL       AMENDMENT.—Section           ties in COVID-19 cases and fatalities, psycho-         vention and Public Health Fund, established
                                               2011(12)(A) of the Social Security Act (42              tropic drug usage, infection prevention and            under section 4002 of the Patient Protection
                                               U.S.C. 1397j(12)(A)) is amended by striking             control deficiencies, hospitalization rates,           and Affordable Care Act of 2010, to carry out
                                               ‘‘450b’’ and inserting ‘‘5304’’.                        infectious disease rates, injury rates, abuse          this section and the amendments made by
                                                  (e) ADDRESSING RACIAL AND ETHNIC                     rates, neglect rates, fatality rates, and any          this section, including by providing financial
                                               CORONAVIRUS DISPARITIES IN LONG-TERM                    additional areas, as determined by the task            assistance to participating providers as ap-
                                               CARE FACILITIES.—                                       force based on available public health data            propriate for implementation of the require-
                                                  (1) TASK FORCE.—The Secretary shall es-              (or, if no such data are available, on the             ments of this section and the amendments
                                               tablish a task force, to be known as the ‘‘Ra-          basis of such other publicly available data or         made by this section.
                                               cial and Ethnic Coronavirus Disparities in              information as the task force may deter-                  (h) DEFINITIONS.—In this section:
                                               Long-Term Care Facilities Task Force’’ (re-             mine);                                                    (1) COVID–19.—The term ‘‘COVID–19’’
                                               ferred to in this section as the ‘‘task force’’),         (iii) the identification of factors, including       means the 2019 Novel Coronavirus or 2019-
                                               to gather data and information on racial and            Federal and State policies, that have con-             nCoV.
                                               ethnic disparities in long-term care facili-            tributed to health disparities in resident out-           (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                               ties, during the public health emergency,               comes in long-term care facilities, and ac-            RIOD.—The term ‘‘COVID–19 public health
                                               and to provide recommendations to Federal,              tions Congress (and if appropriate, other en-          emergency period’’ means the period begin-
                                               State, local, and Tribal policymakers on                tities) can take to address these factors; and         ning on the first day of the emergency period
                                               ways to eliminate health disparities and to               (iv) recommendations for best practices to           defined in paragraph (1)(B) of section 1135(g)
                                               improve the health of racial and ethnic mi-             eliminate health disparities and to improve            of the Social Security Act (42 U.S.C. 1320b-
                                               nority populations residing in long-term care           the health of racial and ethnic minority pop-          5(g)) and ending on the last day of the cal-
                                               facilities.                                             ulations in long-term care facilities, espe-           endar quarter in which the last day of such
                                                  (2) MEMBERSHIP.—The task force shall be              cially such facilities evidencing racial or            emergency period occurs.
                                               composed of the Surgeon General, other Fed-             ethnic disparities in COVID-19 cases and fa-              (3) LONG-TERM CARE FACILITY.—The term
                                               eral, State, and local government officials,            talities, psychotropic drug usage, infection           ‘‘long-term care facility’’ has the meaning
                                               and individuals appointed by the Surgeon                prevention and control deficiencies, hos-              given that term in section 2011(15) of the So-
                                               General with firsthand knowledge of, or ex-             pitalization rates, infectious disease rates,          cial Security Act (42 U.S.C. 1397j(15)).
                                               pertise relating to, disparities in access to           injury rates, abuse and neglect rates, fatal-             (4) NURSING FACILITY.—The term ‘‘nursing
                                               quality care for residents of long-term care            ity rates, or any additional areas determined          facility’’ has the meaning given that term in
                                               facilities who are members of racial or eth-            by the task force.                                     section 1919(a) of the Social Security Act (42
                                               nic minority groups. In appointing such indi-             (B) CONSULTATION WITH INDIAN TRIBES.—In              U.S.C. 1396r(a)).
                                               viduals, the Surgeon General, in consulta-              submitting reports and recommendations                    (5) PARTICIPATING PROVIDER.—The term
                                               tion with the Director of the U.S. Depart-              under this subsection, the task force shall            ‘‘participating provider’’ means a skilled
                                               ment of Health and Human Services Office of             consult with Indian Tribes and Tribal orga-            nursing facility or a nursing facility that has
                                               Minority Health, shall ensure the individuals           nizations.                                             been assigned a national provider identifier
                                               appointed provide ample representation with               (C) SUNSET.—The task force shall termi-              number by the Secretary and has executed
                                               respect to the demographics of residents and            nate on December 31, 2022.                             an agreement to participate in the Medicare
                                               caregivers of all long-term care facilities,              (f) ACHIEVING SAVINGS IN HEALTH CARE                 program established under title XVIII of the
                                               during the COVID-19 public health emer-                 PROGRAMS BY REDUCING IMPROPER PRE-                     Social Security Act (42 U.S.C. 1395 et seq.) or
                                               gency period particularly with respect to               SCRIBING OF CONTROLLED SUBSTANCES.—                    the Medicaid program established under title




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                                               residents and caregivers of such facilities               (1) IN GENERAL.—Within 120 days of enact-            XIX of such Act (42 U.S.C. 1396 et seq.).
                                               who are members of racial or ethnic minor-              ment of this Act and annually thereafter,                 (6) SECRETARY.—The term ‘‘Secretary’’
                                               ity groups, communities of color, and com-              the Secretary shall report all Medicare rev-           means the Secretary of Health and Human
                                               munities with preexisting health challenges             ocation actions or preclusion list placements          Services.
                                               or difficulties in accessing care.                      to the Drug Enforcement Administration                    (7) SKILLED NURSING FACILITY.—The term
                                                  (3) ADMINISTRATION.—                                 that are based totally or in part on the im-           ‘‘skilled nursing facility’’ has the meaning
                                                  (A) CHAIRPERSON AND VICE CHAIRPERSON.—               proper prescribing, administering, or dis-             given that term in section 1819(a) of the So-
                                               The Surgeon General shall serve as the                  pensing of controlled substances.                      cial Security Act (42 U.S.C. 1395i–3(a)).




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                                               S5336                                             CONGRESSIONAL RECORD — SENATE                                                           August 6, 2020
                                                 (8) STATE.—Except as otherwise provided,              Secretary under this subsection shall supple-          provider or facility, and all fatalities among
                                               the term ‘‘State’’ has the meaning given                ment and not supplant response efforts car-            personnel and residents of the provider or fa-
                                               such term for purposes of title XIX of the So-          ried out by a State strike team or a tech-             cility, whether related to COVID–19 or unre-
                                               cial Security Act (42 U.S.C. 1396 et seq.).             nical assistance team established by the Sec-          lated to COVID–19, for the period beginning
                                                                                                       retary during the COVID-19 public health               on January 1, 2020, to the Secretary.
                                                 SA 2641. Mr. GRASSLEY submitted                       emergency period.                                         (3) REPORTING OF NURSING FACILITY DATA
                                               an amendment intended to be proposed                      (b) PROMOTING COVID–19 TESTING AND IN-               RELATED TO COVID–19 BY THE SECRETARY.—Not
                                               to amendment SA 2499 proposed by Mr.                    FECTION CONTROL IN NURSING FACILITIES.—                later than 10 days after the date of enact-
                                               MCCONNELL to the bill S. 178, to con-                     (1) NURSING HOME PROTECTIONS.—The Sec-               ment of this Act, and at least weekly there-
                                               demn gross human rights violations of                   retary, in consultation with the Elder Jus-            after during the COVID–19 public health
                                                                                                       tice Coordinating Council established under            emergency period, the Secretary shall pro-
                                               ethnic Turkic Muslims in Xinjiang, and                  section 2021 of the Social Security Act (42
                                               calling for an end to arbitrary deten-                                                                         vide the Governor of each State with a list of
                                                                                                       U.S.C. 1397k), is authorized during the                all participating providers in the State with
                                               tion, torture, and harassment of these                  COVID–19 public health emergency period to             respect to which the reported cases of
                                               communities inside and outside China;                   enhance efforts by participating providers to          COVID–19 in visitors to, personnel of, and
                                               which was ordered to lie on the table;                  respond to COVID–19, including through—                residents of, such providers increased during
                                               as follows:                                               (A) development of online training courses           the previous week (or, in the case of the first
                                                 At the appropriate place, insert the fol-             for personnel of participating providers, sur-         such list, during the 10-day period beginning
                                               lowing:                                                 vey agencies, the long-term care ombudsman             on the date of enactment of this Act).
                                               SEC. ll. EMERGENCY SUPPORT AND COVID–19                 of each State, and other individuals to facili-           (4) CONFIDENTIALITY.—Any information re-
                                                          PROTECTIONS    FOR     NURSING               tate the implementation of paragraph (2);              ported under this subsection that is made
                                                          HOMES.                                         (B) enhanced diagnostic testing of visitors          available to the public shall be made so
                                                 (a) ESTABLISHING COVID–19 STRIKE TEAMS                to, personnel of, and residents of, partici-           available in a manner that protects the iden-
                                               FOR NURSING FACILITIES.—                                pating providers in which measures of                  tity of residents of participating providers
                                                 (1) IN GENERAL.—The Secretary is author-              COVID–19 in the community support more                 and long-term care facilities.
                                               ized to establish and support the operation of          frequent testing for COVID–19;
                                               strike teams comprised of individuals with                (C) development of training materials for               (d) EXTENDING ELDER JUSTICE ACT PROTEC-
                                                                                                       personnel of participating providers, the              TIONS DURING THE COVID–19 EMERGENCY PE-
                                               relevant skills, qualifications, and experi-
                                                                                                       long-term care ombudsman of each State,                RIOD.—
                                               ence to respond to COVID–19-related crises in
                                               participating providers during the COVID–19             and representatives and family members of                 (1) LONG-TERM CARE OMBUDSMAN PROGRAM
                                               public health emergency period, based on                residents; and                                         GRANTS AND TRAINING.—Section 2043 of the
                                               data reported by such providers to the Cen-               (D) providing support to participating pro-          Social Security Act (42 U.S.C. 1397m–2) is
                                               ters for Disease Control and Prevention.                viders in areas deemed by the Secretary to             amended—
                                                 (2) MISSION AND COMPOSITION OF STRIKE                 require additional assistance due to the pres-            (A) in subsection (a)—
                                               TEAMS.—                                                 ence COVID–19 infections.                                 (i) in paragraph (1)(A), by inserting ‘‘(in-
                                                 (A) IN GENERAL.—Strike teams established                (2) TRAINING ON BEST PRACTICES IN INFEC-             cluding during the emergency period de-
                                               by the Secretary may include assessment,                TION CONTROL AND PREVENTION.—                          scribed in section 1135(g)(1)(B), from amounts
                                               testing, and clinical teams, and a mission for            (A) IN GENERAL.—The Secretary shall de-              made available with respect to such period in
                                               each such team may include performing                   velop training courses on infection control            accordance with paragraph (2)(D))’’ before
                                               medical examinations, conducting COVID–19               and prevention, including cohorting, strate-           the semicolon; and
                                               testing, and assisting participating providers          gies and use of telehealth to mitigate the                (ii) in paragraph (2)—
                                               with the implementation of infection control            transmission of COVID–19 in participating                 (iii) in subparagraph (B), by striking ‘‘and’’
                                               practices (such as quarantine, isolation, or            providers during the COVID–19 public health            after the semicolon;
                                               disinfection procedures).                               emergency period.                                         (iv) in subparagraph (C), by striking the
                                                 (B) LETTER OF AUTHORIZATION.—Strike                     (B) DEVELOPMENT.—To the extent prac-                 period at the end and inserting a semicolon;
                                               teams and members of such teams shall be                ticable, the training programs developed by            and
                                               subject to the Secretary’s oversight and di-            the Secretary under this subsection shall use             (v) by adding at the end the following:
                                               rection and the Secretary may issue a letter            best practices in infection control and pre-              ‘‘(D) for the emergency period described in
                                               of authorization to team members describ-               vention.                                               section 1135(g)(1)(B), $12,000,000.’’;
                                               ing—                                                      (C) COORDINATION WITH OTHER FEDERAL EN-                 (B) in subsection (b)—
                                                 (i) the individual’s designation to serve on          TITIES.—The Secretary shall seek input as                 (i) in paragraph (1), by inserting ‘‘(includ-
                                               1 or more teams under an emergency procla-              appropriate on the training courses devel-             ing during the emergency period described in
                                               mation by the Secretary;                                oped under this subsection from the Elder              section 1135(g)(1)(B), from amounts made
                                                 (ii) the mission of the team;                         Justice Coordinating Council and the Direc-            available with respect to such period in ac-
                                                 (iii) the authority of the individual to per-         tor of the Centers for Disease Control and             cordance with paragraph (2))’’ before the pe-
                                               form the team mission;                                  Prevention.                                            riod; and
                                                 (iv) the individual’s authority to access               (D) INTERACTIVE WEBSITE.—The Secretary                  (ii) in paragraph (2), by inserting before the
                                               places, persons, and materials necessary for            is authorized to create an interactive                 period the following: ‘‘, and for the emer-
                                               the team member’s performance of the                    website to disseminate training materials              gency        period   described      in    section
                                               team’s mission;                                         and related information in the areas of infec-         1135(g)(1)(B), $12,000,000’’.
                                                 (v) the requirement that team members                 tion control and prevention, for purposes of              (2) ELDER JUSTICE COORDINATING COUNCIL.—
                                               maintain the confidentiality of patient in-             carrying out this subsection during the                   (A) MEMBERSHIP.—Section 2021(b)(1) of the
                                               formation shared with such individuals by a             COVID–19 public health emergency period.               Social Security Act (42 U.S.C. 1397k(b)(1)) is
                                               participating provider; and                               (c) PROMOTING TRANSPARENCY IN COVID–19               amended—
                                                 (vi) the required security background                 REPORTING BY NURSING FACILITIES AND LONG-                 (i) by redesignating subparagraph (C) as
                                               checks that the individual has passed.                  TERM CARE FACILITIES.—                                 subparagraph (D); and
                                                 (C) SECRETARIAL OVERSIGHT.—The Sec-                     (1) COLLECTION AND REPORTING OF STAFFING                (ii) by inserting after subparagraph (B), the
                                               retary may, at any time, disband any strike             DATA BY NURSING FACILITIES DURING COVID–19             following:
                                               team and rescind the letter of authorization            EMERGENCY PERIOD.—The Secretary shall de-                 ‘‘(C) The Administrator of the Federal
                                               for any team member.                                    velop a plan for ensuring that participating           Emergency Management Agency.’’.
                                                 (D) TEAM AND MEMBER AUTHORITY.—A team                 providers resume compliance with the re-                  (B) DUTIES.—Section 2021(f)(1) of such Act
                                               and team member may not use the letter of               quirement, under section 1128I(g) of the So-           (42 U.S.C. 1397k(f)(1)) is amended by inserting
                                               authorization described in subparagraph (B)             cial Security Act (42 U.S.C. 1320a–7j(g)), to          ‘‘the Federal Emergency Management Agen-
                                               for any purpose except in connection with               electronically submit direct care staffing in-         cy,’’ after ‘‘Justice,’’.
                                               the team’s mission of acting in good faith to           formation based on payroll and other                      (3) ADULT PROTECTIVE SERVICES FUNCTIONS
                                               promote resident and employee safety in                 auditable data (including measures to ensure           AND GRANT PROGRAMS.—Section 2042 of the
                                               participating providers in which COVID–19 is            that the submitted data includes direct care           Social Security Act (42 U.S.C. 1397m–1) is
                                               confirmed to be present.                                staffing information for the entire duration           amended—
                                                 (E) ADMINISTRATION.—The Secretary, in                 of the COVID–19 emergency period).                        (A) in subsection (a)(2), by inserting ‘‘, and
                                               consultation with the Director of the Cen-                (2) COLLECTION AND REPORTING OF DATA RE-             $5,000,000 for the emergency period described




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                                               ters for Disease Control and Prevention, may            LATED TO COVID–19 BY NURSING FACILITIES DUR-           in section 1135(g)(1)(B)’’ after ‘‘2014’’;
                                               establish protocols and procedures for re-              ING COVID–19 EMERGENCY PERIOD.—The Sec-                   (B) in subsection (b)(5), by inserting ‘‘, and
                                               questing the assistance of a strike team es-            retary shall ensure that participating pro-            $150,000,000 for the emergency period de-
                                               tablished under this subsection and any                 viders and long-term care facilities report all        scribed in section 1135(g)(1)(B)’’ after ‘‘2014’’;
                                               other procedures deemed necessary for the               suspected and confirmed cases of COVID–19              and
                                               team’s operation.                                       among personnel and residents of the pro-                 (C) in subsection (c)(6), by inserting ‘‘, and
                                                 (F) SUPPLEMENTATION OF OTHER RESPONSE                 vider or facility, all COVID–19-related fatali-        $30,000,000 for the emergency period described
                                               EFFORTS.—Strike teams established by the                ties among personnel and residents of the              in section 1135(g)(1)(B)’’ after ‘‘2014’’.




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S5337
                                                  (4)     TECHNICAL      AMENDMENT.—Section            ties in COVID-19 cases and fatalities, psycho-         under section 4002 of the Patient Protection
                                               2011(12)(A) of the Social Security Act (42              tropic drug usage, infection prevention and            and Affordable Care Act of 2010, to carry out
                                               U.S.C. 1397j(12)(A)) is amended by striking             control deficiencies, hospitalization rates,           this section and the amendments made by
                                               ‘‘450b’’ and inserting ‘‘5304’’.                        infectious disease rates, injury rates, abuse          this section, including by providing financial
                                                  (e) ADDRESSING RACIAL AND ETHNIC                     rates, neglect rates, fatality rates, and any          assistance to participating providers as ap-
                                               CORONAVIRUS DISPARITIES IN LONG-TERM                    additional areas, as determined by the task            propriate for implementation of the require-
                                               CARE FACILITIES.—                                       force based on available public health data            ments of this section and the amendments
                                                  (1) TASK FORCE.—The Secretary shall es-              (or, if no such data are available, on the             made by this section.
                                               tablish a task force, to be known as the ‘‘Ra-          basis of such other publicly available data or            (h) DEFINITIONS.—In this section:
                                               cial and Ethnic Coronavirus Disparities in              information as the task force may deter-                  (1) COVID–19.—The term ‘‘COVID–19’’
                                               Long-Term Care Facilities Task Force’’ (re-             mine);                                                 means the 2019 Novel Coronavirus or 2019-
                                               ferred to in this section as the ‘‘task force’’),         (iii) the identification of factors, including       nCoV.
                                               to gather data and information on racial and            Federal and State policies, that have con-                (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                               ethnic disparities in long-term care facili-            tributed to health disparities in resident out-        RIOD.—The term ‘‘COVID–19 public health
                                               ties, during the public health emergency,               comes in long-term care facilities, and ac-            emergency period’’ means the period begin-
                                               and to provide recommendations to Federal,              tions Congress (and if appropriate, other en-          ning on the first day of the emergency period
                                               State, local, and Tribal policymakers on                tities) can take to address these factors; and         defined in paragraph (1)(B) of section 1135(g)
                                               ways to eliminate health disparities and to               (iv) recommendations for best practices to           of the Social Security Act (42 U.S.C. 1320b-
                                               improve the health of racial and ethnic mi-             eliminate health disparities and to improve            5(g)) and ending on the last day of the cal-
                                               nority populations residing in long-term care           the health of racial and ethnic minority pop-          endar quarter in which the last day of such
                                               facilities.                                             ulations in long-term care facilities, espe-           emergency period occurs.
                                                  (2) MEMBERSHIP.—The task force shall be              cially such facilities evidencing racial or               (3) LONG-TERM CARE FACILITY.—The term
                                               composed of the Surgeon General, other Fed-             ethnic disparities in COVID-19 cases and fa-           ‘‘long-term care facility’’ has the meaning
                                               eral, State, and local government officials,            talities, psychotropic drug usage, infection           given that term in section 2011(15) of the So-
                                               and individuals appointed by the Surgeon                prevention and control deficiencies, hos-              cial Security Act (42 U.S.C. 1397j(15)).
                                               General with firsthand knowledge of, or ex-             pitalization rates, infectious disease rates,             (4) NURSING FACILITY.—The term ‘‘nursing
                                               pertise relating to, disparities in access to           injury rates, abuse and neglect rates, fatal-          facility’’ has the meaning given that term in
                                               quality care for residents of long-term care            ity rates, or any additional areas determined          section 1919(a) of the Social Security Act (42
                                               facilities who are members of racial or eth-            by the task force.                                     U.S.C. 1396r(a)).
                                               nic minority groups. In appointing such indi-             (B) CONSULTATION WITH INDIAN TRIBES.—In                 (5) PARTICIPATING PROVIDER.—The term
                                               viduals, the Surgeon General, in consulta-              submitting reports and recommendations                 ‘‘participating provider’’ means a skilled
                                               tion with the Director of the U.S. Depart-              under this subsection, the task force shall            nursing facility or a nursing facility that has
                                               ment of Health and Human Services Office of             consult with Indian Tribes and Tribal orga-            been assigned a national provider identifier
                                               Minority Health, shall ensure the individuals           nizations.                                             number by the Secretary and has executed
                                               appointed provide ample representation with               (C) SUNSET.—The task force shall termi-              an agreement to participate in the Medicare
                                               respect to the demographics of residents and            nate on December 31, 2022.                             program established under title XVIII of the
                                               caregivers of all long-term care facilities,              (f) ACHIEVING SAVINGS IN HEALTH CARE
                                                                                                                                                              Social Security Act (42 U.S.C. 1395 et seq.) or
                                               during the COVID-19 public health emer-                 PROGRAMS BY REDUCING IMPROPER PRE-
                                                                                                                                                              the Medicaid program established under title
                                               gency period particularly with respect to               SCRIBING OF CONTROLLED SUBSTANCES.—
                                                                                                                                                              XIX of such Act (42 U.S.C. 1396 et seq.).
                                               residents and caregivers of such facilities               (1) IN GENERAL.—Within 120 days of enact-
                                                                                                                                                                 (6) SECRETARY.—The term ‘‘Secretary’’
                                               who are members of racial or ethnic minor-              ment of this Act and annually thereafter,
                                                                                                                                                              means the Secretary of Health and Human
                                               ity groups, communities of color, and com-              the Secretary shall report all Medicare rev-
                                                                                                                                                              Services.
                                               munities with preexisting health challenges             ocation actions or preclusion list placements
                                                                                                       to the Drug Enforcement Administration                    (7) SKILLED NURSING FACILITY.—The term
                                               or difficulties in accessing care.
                                                  (3) ADMINISTRATION.—                                                                                        ‘‘skilled nursing facility’’ has the meaning
                                                                                                       that are based totally or in part on the im-
                                                  (A) CHAIRPERSON AND VICE CHAIRPERSON.—                                                                      given that term in section 1819(a) of the So-
                                                                                                       proper prescribing, administering, or dis-
                                               The Surgeon General shall serve as the                                                                         cial Security Act (42 U.S.C. 1395i–3(a)).
                                                                                                       pensing of controlled substances.
                                               chairperson of the task force. The Director                                                                       (8) STATE.—Except as otherwise provided,
                                                                                                         (2) DEFINITIONS.—The terms used in this
                                               of the Department’s Office of Minority                  subsection shall have the meaning given                the term ‘‘State’’ has the meaning given
                                               Health shall serve as the vice chairperson.             such terms in section 102 of the Controlled            such term for purposes of title XIX of the So-
                                                  (B) STAFF.—The task force shall have at              Substances Act (42 U.S.C. 802). For purposes           cial Security Act (42 U.S.C. 1396 et seq.).
                                               least 2 full-time staff members, with diverse           of paragraph (1), the ‘‘improper prescribing,
                                               and relevant experience, including, but not
                                                                                                                                                                SA 2642. Mr. McCONNELL (for Mr.
                                                                                                       administering, or dispensing of controlled
                                               limited to academic, community, govern-                 substances’’ includes doing so in any of the
                                                                                                                                                              WICKER) proposed an amendment to the
                                               mental, or vocational work. The staff mem-              following respects:                                    bill S. 2299, to amend title 49, United
                                               bers, in coordination with the Chairperson                (A) In excessive quantities.                         States Code, to enhance the safety and
                                               and Vice Chairperson shall appoint at least               (B) For other than a legitimate medical              reliability of pipeline transportation,
                                               two representatives from the aging commu-               purpose or outside the usual course of profes-         and for other purposes; as follows:
                                               nity to serve on the task force in addition to          sional practice.                                         Strike all after the enacting clause and in-
                                               at least four representatives providing ample             (C) Beyond the scope of the practitioner’s           sert the following:
                                               representation with respect to the demo-                DEA registration.                                      SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                               graphics of residents and caregivers of all               (D) In any other manner not permitted by               (a) SHORT TITLE.—This Act may be cited as
                                               long-term care facilities, particularly with            the Controlled Substances Act (21 U.S.C. 801           the ‘‘Protecting our Infrastructure of Pipe-
                                               respect to members of racial or ethnic mi-              et. seq.).                                             lines and Enhancing Safety Act of 2020’’ or
                                               nority groups and communities of color, and               (3) ACCESS TO EVIDENCE.—When making the              the ‘‘PIPES Act of 2020’’.
                                               communities with preexisting health chal-               reports required under paragraph (1), the                (b) TABLE OF CONTENTS.—The table of con-
                                               lenges or difficulties in accessing care.               Secretary shall provide the Drug Enforce-              tents for this Act is as follows:
                                                  (C) MEETINGS.—The task force shall con-              ment Administration with any relevant                  Sec. 1. Short title; table of contents.
                                               vene at least monthly, with the first meeting           records or other evidence that Drug Enforce-           Sec. 2. Definitions.
                                               to occur within 60 days after the enactment             ment Administration requests for purposes
                                               of this Act.                                                                                                    TITLE I—IMPROVING PIPELINE SAFETY
                                                                                                       of carrying out its functions under the Con-
                                                  (4) REPORTING AND RECOMMENDATIONS.—                                                                                    AND INFRASTRUCTURE
                                                                                                       trolled Substances Act. The Drug Enforce-
                                                  (A) MONTHLY REPORTS.—Not later than 45               ment Administration may use any such in-               Sec. 101. Authorization of appropriations.
                                               days after the 1st meeting of the task force,           formation or other evidence provided by the            Sec. 102. Pipeline workforce development.
                                               and monthly thereafter, the task force shall                                                                   Sec. 103. Cost recovery and fees for facility
                                                                                                       Secretary for the purposes of any criminal,
                                               submit to Congress, the Centers for Medicare                                                                                 reviews.
                                                                                                       civil, or administrative proceeding arising            Sec. 104. Advancement of new pipeline safe-
                                               and Medicaid, and the Centers for Disease               out the Controlled Substances Act.                                   ty technologies and approaches.
                                               Control and Prevention a report that in-                  (g) FUNDING.—
                                                                                                                                                              Sec. 105. Pipeline safety testing enhance-
                                               cludes—                                                   (1) CARES ACT.—-The Secretary may use
                                                                                                                                                                            ment study.
                                                  (i) recommended methodologies for im-                amounts appropriated for COVID–19 response




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                                                                                                                                                              Sec. 106. Regulatory updates.
                                               proving Federal data collection, including              and related activities pursuant to the                 Sec. 107. Self-disclosure of violations.
                                               transparent publication of such data and in-            CARES Act (Public Law 116–136) and subse-              Sec. 108. Due process protections in enforce-
                                               formation on resident outcomes in long-term             quently enacted legislation to carry out this                        ment proceedings.
                                               care facilities with disproportionately high            section and the amendments made by this                Sec. 109. Pipeline operating status.
                                               rates of admission of individuals who are               section.                                               Sec. 110. Liquefied natural gas facility
                                               members of racial or ethnic minority groups;              (2) PREVENTION AND PUBLIC HEALTH FUND.—                            project reviews.
                                                  (ii) the identification of long-term care fa-        The Secretary may use amounts in the Pre-              Sec. 111. Updates to standards for liquefied
                                               cilities evidencing racial or ethnic dispari-           vention and Public Health Fund, established                          natural gas facilities.




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                                               S5338                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               Sec. 112. National Center of Excellence for             be appropriated from the Oil Spill Liability           amended in the first sentence by striking
                                                             Liquefied Natural Gas Safety              Trust Fund established by section 9509(a) of           ‘‘fiscal years 2012 through 2015’’ and inserting
                                                             and Training.                             the Internal Revenue Code of 1986 to carry             ‘‘fiscal years 2020 through 2023’’.
                                               Sec. 113. Prioritization of rulemaking.                 out section 12 of the Pipeline Safety Im-                 (g) PIPELINE INTEGRITY PROGRAM.—Section
                                               Sec. 114. Leak detection and repair.                    provement Act of 2002 (49 U.S.C. 60101 note;           12(f) of the Pipeline Safety Improvement Act
                                               Sec. 115. Inspection and maintenance plans.             Public Law 107–355) and the provisions of this         of 2002 (49 U.S.C. 60101 note; Public Law 107–
                                               Sec. 116. Consideration of pipeline class lo-           chapter relating to hazardous liquid—                  355) is amended by striking ‘‘2016 through
                                                             cation changes.                              ‘‘(A) $25,000,000 for fiscal year 2020, of          2019’’ and inserting ‘‘2020 through 2023’’.
                                               Sec. 117. Protection of employees providing             which—                                                 SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.
                                                             pipeline safety information.                 ‘‘(i) $3,000,000 shall be used to carry out sec-      (a) INSPECTOR TRAINING.—Not later than 1
                                               Sec. 118. Transportation Technology Center.             tion 12 of the Pipeline Safety Improvement             year after the date of enactment of this Act,
                                               Sec. 119. Interstate drug and alcohol over-             Act of 2002 (49 U.S.C. 60101 note; Public Law          the Administrator shall—
                                                             sight.                                    107–355); and                                            (1) review the inspector training programs
                                               Sec. 120. Savings clause.                                  ‘‘(ii) $10,000,000 shall be used for making         provided at the Inspector Training and
                                                 TITLE II—LEONEL RONDON PIPELINE                       grants;                                                Qualifications Division of the Administra-
                                                                SAFETY ACT                                ‘‘(B) $26,000,000 for fiscal year 2021, of          tion in Oklahoma City, Oklahoma; and
                                                                                                       which—                                                   (2) determine whether any of the programs
                                               Sec. 201. Short title.                                     ‘‘(i) $3,000,000 shall be used to carry out sec-
                                               Sec. 202. Distribution integrity management                                                                    referred to in paragraph (1), or any portions
                                                                                                       tion 12 of the Pipeline Safety Improvement             of the programs, could be provided online
                                                             plans.                                    Act of 2002 (49 U.S.C. 60101 note; Public Law
                                               Sec. 203. Emergency response plans.                                                                            through teletraining or another type of dis-
                                                                                                       107–355); and                                          tance learning.
                                               Sec. 204. Operations and maintenance manu-                 ‘‘(ii) $11,000,000 shall be used for making
                                                             als.                                                                                               (b) REPORT.—
                                                                                                       grants;                                                  (1) IN GENERAL.—Not later than 1 year after
                                               Sec. 205. Pipeline safety management sys-                  ‘‘(C) $27,000,000 for fiscal year 2022, of
                                                             tems.                                                                                            the date of enactment of this Act, the Sec-
                                                                                                       which—                                                 retary shall submit to the Committee on
                                               Sec. 206. Pipeline safety practices.                       ‘‘(i) $3,000,000 shall be used to carry out sec-    Commerce, Science, and Transportation of
                                               SEC. 2. DEFINITIONS.                                    tion 12 of the Pipeline Safety Improvement             the Senate and the Committees on Transpor-
                                                 In this Act:                                          Act of 2002 (49 U.S.C. 60101 note; Public Law          tation and Infrastructure, Energy and Com-
                                                 (1) ADMINISTRATION.—The term ‘‘Adminis-               107–355); and                                          merce, and Science, Space, and Technology
                                               tration’’ means the Pipeline and Hazardous                 ‘‘(ii) $12,000,000 shall be used for making         of the House of Representatives and make
                                               Materials Safety Administration.                        grants; and                                            publicly available on a website of the De-
                                                 (2) ADMINISTRATOR.—The term ‘‘Adminis-                   ‘‘(D) $28,000,000 for fiscal year 2023, of          partment of Transportation a report con-
                                               trator’’ means the Administrator of the Ad-             which—                                                 taining a comprehensive workforce plan for
                                               ministration.                                              ‘‘(i) $3,000,000 shall be used to carry out sec-    the Administration.
                                                 (3) SECRETARY.—The term ‘‘Secretary’’                 tion 12 of the Pipeline Safety Improvement               (2) CONTENTS.—The report under paragraph
                                               means the Secretary of Transportation.                  Act of 2002 (49 U.S.C. 60101 note; Public Law          (1) shall include—
                                                 TITLE I—IMPROVING PIPELINE SAFETY                     107–355); and                                            (A) a description of the current staffing at
                                                          AND INFRASTRUCTURE                              ‘‘(ii) $13,000,000 shall be used for making         the Administration;
                                                                                                       grants.                                                  (B) an identification of the staff needed to
                                               SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
                                                                                                          ‘‘(3) UNDERGROUND NATURAL GAS STORAGE               achieve the mission of the Administration
                                                 (a) GAS AND HAZARDOUS LIQUID.—Section                 FACILITY SAFETY ACCOUNT.—From fees col-
                                               60125 of title 49, United States Code, is                                                                      over the next 10 years following the date of
                                                                                                       lected under section 60302, there is author-
                                               amended by striking subsection (a) and in-                                                                     the report;
                                                                                                       ized to be appropriated to the Secretary to
                                               serting the following:                                                                                           (C) an evaluation of whether the inspector
                                                                                                       carry out section 60141 $8,000,000 for each of
                                                 ‘‘(a) GAS AND HAZARDOUS LIQUID.—                                                                             training programs referred to in subsection
                                                                                                       fiscal years 2020 through 2023.’’.
                                                 ‘‘(1) IN GENERAL.—From fees collected                    (b) OPERATIONAL EXPENSES.—Section 2(b)              (a)(1) provide appropriate exposure to pipe-
                                               under section 60301, there are authorized to            of the PIPES Act of 2016 (Public Law 114–183;          line operations and current pipeline safety
                                               be appropriated to the Secretary to carry               130 Stat. 515) is amended by striking para-            technology;
                                               out section 12 of the Pipeline Safety Im-               graphs (1) through (4) and inserting the fol-            (D) a summary of any gaps between the
                                               provement Act of 2002 (49 U.S.C. 60101 note;            lowing:                                                current workforce of the Administration and
                                               Public Law 107–355) and the provisions of this             ‘‘(1) $24,000,000 for fiscal year 2020.             the future human capital needs of the Ad-
                                               chapter relating to gas and hazardous liq-                 ‘‘(2) $25,000,000 for fiscal year 2021.             ministration; and
                                               uid—                                                       ‘‘(3) $26,000,000 for fiscal year 2022.               (E) a description of how the Administra-
                                                 ‘‘(A) $147,000,000 for fiscal year 2020, of              ‘‘(4) $27,000,000 for fiscal year 2023.’’.          tion—
                                               which—                                                     (c) ONE-CALL NOTIFICATION PROGRAMS.—                  (i) uses the retention incentives defined by
                                                 ‘‘(i) $9,000,000 shall be used to carry out sec-      Section 6107 of title 49, United States Code,          the Office of Personnel Management; and
                                               tion 12 of the Pipeline Safety Improvement              is amended by striking ‘‘$1,058,000 for each of          (ii) plans to use those retention incentives
                                               Act of 2002 (49 U.S.C. 60101 note; Public Law           fiscal years 2016 through 2019’’ and inserting         as part of the comprehensive workforce plan
                                               107–355); and                                           ‘‘$1,058,000 for each of fiscal years 2020             of the Administration.
                                                 ‘‘(ii) $60,000,000 shall be used for making           through 2023’’.                                        SEC. 103. COST RECOVERY AND FEES FOR FACIL-
                                               grants;                                                    (d) EMERGENCY RESPONSE GRANTS.—Sec-                             ITY REVIEWS.
                                                 ‘‘(B) $151,000,000 for fiscal year 2021, of           tion 60125(b)(2) of title 49, United States              (a) FEES FOR COMPLIANCE REVIEWS OF LIQ-
                                               which—                                                  Code, is amended by striking ‘‘fiscal years            UEFIED NATURAL GAS FACILITIES.—Chapter
                                                                                                       2012 through 2015’’ and inserting ‘‘fiscal years       603 of title 49, United States Code, is amend-
                                                 ‘‘(i) $9,000,000 shall be used to carry out sec-
                                                                                                       2020 through 2023’’.                                   ed by inserting after section 60302 the fol-
                                               tion 12 of the Pipeline Safety Improvement                 (e) PIPELINE SAFETY INFORMATION GRANTS
                                               Act of 2002 (49 U.S.C. 60101 note; Public Law                                                                  lowing:
                                                                                                       TO COMMUNITIES.—Section 60130 of title 49,
                                               107–355); and                                                                                                  ‘‘§ 60303. Fees for compliance reviews of liq-
                                                                                                       United States Code, is amended—
                                                 ‘‘(ii) $63,000,000 shall be used for making                                                                     uefied natural gas facilities
                                                                                                          (1) in subsection (a)(1), in the first sen-
                                               grants;                                                 tence, by striking ‘‘to local communities and             ‘‘(a) IMPOSITION OF FEE.—
                                                 ‘‘(C) $155,000,000 for fiscal year 2022, of           groups of individuals (not including for-prof-            ‘‘(1) IN GENERAL.—The Secretary of Trans-
                                               which—                                                  it entities)’’ and inserting ‘‘to local commu-         portation (referred to in this section as the
                                                 ‘‘(i) $9,000,000 shall be used to carry out sec-      nities, Indian Tribes, and groups of individ-          ‘Secretary’) shall impose on a person who
                                               tion 12 of the Pipeline Safety Improvement              uals (not including for-profit entities)’’; and        files with the Federal Energy Regulatory
                                               Act of 2002 (49 U.S.C. 60101 note; Public Law              (2) by striking subsection (c) and inserting        Commission an application for a liquefied
                                               107–355); and                                           the following:                                         natural gas facility that has design and con-
                                                 ‘‘(ii) $66,000,000 shall be used for making              ‘‘(c) FUNDING.—                                     struction costs totaling not less than
                                               grants; and                                                ‘‘(1) IN GENERAL.—Out of amounts made               $2,500,000,000 a fee for the necessary expenses
                                                 ‘‘(D) $159,000,000 for fiscal year 2023, of           available under section 2(b) of the PIPES Act          of a review, if any, that the Secretary con-
                                               which—                                                  of 2016 (Public Law 114–183; 130 Stat. 515), the       ducts, in connection with that application,
                                                 ‘‘(i) $9,000,000 shall be used to carry out sec-                                                             to determine compliance with subpart B of




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       Secretary shall use $1,500,000 for each of fis-
                                               tion 12 of the Pipeline Safety Improvement              cal years 2020 through 2023 to carry out this          part 193 of title 49, Code of Federal Regula-
                                               Act of 2002 (49 U.S.C. 60101 note; Public Law           section.                                               tions (or successor regulations).
                                               107–355); and                                              ‘‘(2) LIMITATION.—Any amounts used to                  ‘‘(2) RELATION TO OTHER REVIEW.—The Sec-
                                                 ‘‘(ii) $69,000,000 shall be used for making           carry out this section shall not be derived            retary may not impose fees under paragraph
                                               grants.                                                 from user fees collected under section                 (1) and section 60117(o) or 60301(b) for the
                                                 ‘‘(2) TRUST FUND AMOUNTS.—In addition to              60301.’’.                                              same compliance review described in para-
                                               the amounts authorized to be appropriated                  (f) DAMAGE PREVENTION PROGRAMS.—Sec-                graph (1).
                                               under paragraph (1), there are authorized to            tion 60134(i) of title 49, United States Code, is         ‘‘(b) MEANS OF COLLECTION.—




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5339
                                                  ‘‘(1) IN GENERAL.—The Secretary shall pre-             ‘‘(A) the Secretary;                                 establish technically, operationally, and eco-
                                               scribe procedures to collect fees under this              ‘‘(B) collaborative research development             nomically feasible standards for the use of a
                                               section.                                                organizations; or                                      safety-enhancing technology and any cor-
                                                  ‘‘(2) USE OF GOVERNMENT ENTITIES.—The                  ‘‘(C) other institutions.                            responding operational practices tested by
                                               Secretary may—                                            ‘‘(f) DATA AND FINDINGS.—As a participant            the testing program described in the report,
                                                  ‘‘(A) use a department, agency, or instru-           in a testing program established under sub-            the Secretary, as soon as practicable after
                                               mentality of the Federal Government or of a             section (a), an operator shall submit to the           submission of the report, may promulgate
                                               State or local government to collect fees               Secretary detailed findings and a summary              regulations consistent with chapter 5 of title
                                               under this section; and                                 of data collected as a result of participation         5 (commonly known as the ‘Administrative
                                                  ‘‘(B) reimburse that department, agency,             in the testing program.                                Procedures Act’) that—
                                               or instrumentality a reasonable amount for                ‘‘(g) AUTHORITY TO REVOKE PARTICIPA-                    ‘‘(1) allow operators of interstate gas or
                                                                                                       TION.—The Secretary shall immediately re-
                                               the services provided.                                                                                         hazardous liquid pipeline facilities to use the
                                                  ‘‘(c) ACCOUNT.—There is established an ac-           voke participation in a testing program                relevant technology or practice to the extent
                                               count, to be known as the ‘Liquefied Natural            under subsection (a) if—
                                                                                                                                                              practicable; and
                                               Gas Siting Account’, in the Pipeline Safety               ‘‘(1) the participant fails to comply with
                                                                                                                                                                 ‘‘(2) establish technically, operationally,
                                               Fund established in the Treasury of the                 the terms and conditions of the testing pro-
                                                                                                                                                              and economically feasible standards for the
                                               United States under section 60301.’’.                   gram; or
                                                                                                                                                              capability and deployment of the technology
                                                  (b) CLERICAL AMENDMENT.—The table of                   ‘‘(2) in the determination of the Secretary,
                                                                                                                                                              or practice.’’.
                                               sections for chapter 603 of title 49, United            continued participation in the testing pro-
                                                                                                                                                                 (b) CLERICAL AMENDMENT.—The table of
                                               States Code, is amended by inserting after              gram by the participant would be unsafe or
                                                                                                                                                              sections for chapter 601 of title 49, United
                                               the item relating to section 60302 the fol-             would not be consistent with the goals and
                                                                                                                                                              States Code, is amended by inserting after
                                               lowing:                                                 objectives of this chapter.
                                                                                                         ‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—               the item relating to section 60141 the fol-
                                               ‘‘60303. Fees for compliance reviews of lique-          The Secretary shall immediately terminate              lowing:
                                                              fied natural gas facilities.’’.          a testing program under subsection (a) if              ‘‘60142. Pipeline safety enhancement pro-
                                               SEC.   104.
                                                         ADVANCEMENT OF NEW PIPELINE                   continuation of the testing program would                             grams.’’.
                                                          SAFETY TECHNOLOGIES AND AP-                  not be consistent with the goals and objec-            SEC. 105. PIPELINE SAFETY TESTING ENHANCE-
                                                          PROACHES.                                    tives of this chapter.                                             MENT STUDY.
                                                 (a) IN GENERAL.—Chapter 601 of title 49,                ‘‘(i) STATE RIGHTS.—                                   Not later than 2 years after the date of en-
                                               United States Code, is amended by adding at               ‘‘(1) EXEMPTION.—Except as provided in               actment of this Act, the Secretary shall sub-
                                               the end the following:                                  paragraph (2), if a State submits to the Sec-          mit to the Committee on Commerce,
                                               ‘‘§ 60142. Pipeline safety enhancement pro-             retary notice that the State requests an ex-           Science, and Transportation of the Senate
                                                  grams                                                emption from any testing program consid-               and the Committees on Transportation and
                                                  ‘‘(a) IN GENERAL.—The Secretary may es-              ered for establishment under this section,             Infrastructure, Energy and Commerce, and
                                               tablish and carry out limited safety-enhanc-            the State shall be exempt.                             Science, Space, and Technology of the House
                                               ing testing programs during the period of fis-            ‘‘(2) LIMITATIONS.—                                  of Representatives a report relating to—
                                               cal years 2020 through 2026 to evaluate inno-             ‘‘(A) IN GENERAL.—The Secretary shall not              (1) the research and development capabili-
                                               vative technologies and operational prac-               grant a requested exemption under para-                ties of the Administration, in accordance
                                               tices testing the safe operation of—                    graph (1) after a testing program is estab-            with section 12 of the Pipeline Safety Im-
                                                  ‘‘(1) a natural gas pipeline facility; or            lished.                                                provement Act of 2002 (49 U.S.C. 60101 note;
                                                  ‘‘(2) a hazardous liquid pipeline facility.            ‘‘(B) LATE NOTICE.—The Secretary shall not           Public Law 107–355);
                                                  ‘‘(b) LIMITATIONS.—                                  grant a requested exemption under para-                  (2)(A) the development of additional test-
                                                  ‘‘(1) IN GENERAL.—Such testing programs              graph (1) if the notice submitted under that           ing and research capabilities through the es-
                                               may not exceed—                                         paragraph is submitted to the Secretary                tablishment of an independent pipeline safe-
                                                  ‘‘(A) 5 percent of the total miles of haz-           more than 10 days after the date on which              ty testing facility under the Department of
                                               ardous liquid pipelines in the United States;           the Secretary issues an order providing an             Transportation;
                                                                                                       effective date for the testing program.                  (B) whether an independent pipeline safety
                                               and
                                                                                                         ‘‘(3) EFFECT.—If a State has not submitted           testing facility would be critical to the work
                                                  ‘‘(B) 5 percent of the total miles of natural
                                                                                                       a notice requesting an exemption under                 of the Administration;
                                               gas pipelines in the United States.
                                                                                                       paragraph (1), the State shall not enforce               (C) the costs and benefits of developing an
                                                  ‘‘(2) HIGH POPULATION AREAS.—Any pro-
                                                                                                       any law (including regulations) that is in-            independent pipeline safety testing facility
                                               gram established under subsection (a) shall
                                                                                                       consistent with a testing program in effect            under the Department of Transportation;
                                               not be located in a high population area (as
                                                                                                       in the State under this section.                       and
                                               defined in section 195.450 of title 49, Code of           ‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC
                                               Federal Regulations).                                                                                            (D) the costs and benefits of colocating an
                                                                                                       NOTICE.—
                                                  ‘‘(c) DURATION.—The term of a testing pro-                                                                  independent pipeline safety testing facility
                                                                                                         ‘‘(1) IN GENERAL.—The Secretary shall pub-
                                               gram established under subsection (a) shall                                                                    at an existing training center of the Admin-
                                                                                                       lish in the Federal Register and send directly
                                               be not more than a period of 4 years begin-                                                                    istration; and
                                                                                                       to each relevant State authority with a cer-
                                               ning on the date of approval of the program.                                                                     (3) the ability of the Administration to use
                                                                                                       tification in effect under section 60105 a no-
                                                  ‘‘(d) SAFETY STANDARDS.—                                                                                    the testing facilities of the Department of
                                                                                                       tice of each testing program under sub-
                                                  ‘‘(1) IN GENERAL.—The Secretary shall re-                                                                   Transportation, other Federal agencies, or
                                                                                                       section (a), including the order to be consid-
                                               quire, as a condition of approval of a testing                                                                 federally funded research and development
                                                                                                       ered, and provide an opportunity for public
                                               program under subsection (a), that the safe-                                                                   centers.
                                                                                                       comment for not less than 90 days.
                                               ty measures in the testing program are de-                ‘‘(2) RESPONSE FROM SECRETARY.—Not later             SEC. 106. REGULATORY UPDATES.
                                               signed to achieve a level of safety that is             than the date on which the Secretary issues              (a) DEFINITION OF OUTSTANDING MANDATE.—
                                               greater than, or equivalent to, the level of            an order providing an effective date of a test-        In this section, the term ‘‘outstanding man-
                                               safety required by this chapter.                        ing program noticed under paragraph (1), the           date’’ means—
                                                  ‘‘(2) DETERMINATION.—                                Secretary shall respond to each comment                  (1) a final rule required to be issued under
                                                  ‘‘(A) IN GENERAL.—The Secretary may                  submitted under that paragraph.                        the Pipeline Safety, Regulatory Certainty,
                                               issue an order under subparagraph (A) of sec-             ‘‘(k) REPORT TO CONGRESS.—At the conclu-             and Job Creation Act of 2011 (Public Law 112–
                                               tion 60118(c)(1) to accomplish the purpose of           sion of each testing program, the Secretary            90; 125 Stat. 1904) that has not been published
                                               a testing program for a term not to exceed              shall make publicly available on the website           in the Federal Register;
                                               the time period described in subsection (c) if          of the Department of Transportation a re-                (2) a final rule required to be issued under
                                               the condition described in paragraph (1) is             port containing—                                       the PIPES Act of 2016 (Public Law 114–183;
                                               met, as determined by the Secretary.                      ‘‘(1) the findings and conclusions of the            130 Stat. 514) that has not been published in
                                                  ‘‘(B) LIMITATION.—An order under subpara-            Secretary with respect to the testing pro-             the Federal Register; and
                                               graph (A) shall pertain only to those regula-           gram; and                                                (3) any other final rule regarding gas or
                                               tions that would otherwise prevent the use                ‘‘(2) any recommendations of the Secretary           hazardous liquid pipeline facilities required
                                               of the safety technology to be tested under             with respect to the testing program, includ-           to be issued under this Act or an Act enacted
                                               the testing program.                                    ing any recommendations for amendments to              prior to the date of enactment of this Act
                                                  ‘‘(e) CONSIDERATIONS.—In establishing a                                                                     that has not been published in the Federal




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       laws (including regulations) and the estab-
                                               testing program under subsection (a), the               lishment of standards, that—                           Register.
                                               Secretary shall consider—                                 ‘‘(A) would enhance the safe operation of              (b) REQUIREMENTS.—
                                                  ‘‘(1) whether the owners or operators par-           interstate gas or hazardous liquid pipeline              (1) PERIODIC UPDATES.—Not later than 30
                                               ticipating in the program have a safety man-            facilities; and                                        days after the date of enactment of this Act,
                                               agement system in place; and                              ‘‘(B) are technically, operationally, and            and every 30 days thereafter until a final
                                                  ‘‘(2) whether the proposed safety tech-              economically feasible.                                 rule referred to in paragraphs (1) through (3)
                                               nology has been tested through a research                 ‘‘(l) STANDARDS.—If a report under sub-              of subsection (a) is published in the Federal
                                               and development program carried out by—                 section (k) indicates that it is practicable to        Register, the Secretary shall publish on a




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                                               S5340                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               publicly available website of the Department            regulatory proceeding under this chapter, a            104(a)), is amended by adding at the end the
                                               of Transportation an update regarding the               hearing shall be held in accordance with sec-          following:
                                               status of each outstanding mandate in ac-               tion 554 of title 5.                                   ‘‘§ 60143. Idled pipelines
                                               cordance with subsection (c).                              ‘‘(2) ADMINISTRATIVE LAW JUDGE.—A hear-                ‘‘(a) DEFINITION OF IDLED.—In this section,
                                                 (2) NOTIFICATION OF CONGRESS.—On publica-             ing under paragraph (1) shall be conducted             the term ‘idled’, with respect to a pipeline,
                                               tion of a final rule in the Federal Register            by an administrative law judge appointed               means that the pipeline—
                                               for an outstanding mandate, the Secretary               under section 3105 of title 5.                            ‘‘(1)(A) has ceased normal operations; and
                                               shall submit to the Committee on Com-                      ‘‘(3) OPEN TO THE PUBLIC.—                             ‘‘(B) will not resume service for a period of
                                               merce, Science, and Transportation of the                  ‘‘(A) HEARINGS.—A hearing under para-               not less than 180 days;
                                               Senate and the Committees on Transpor-                  graph (1) shall be—                                       ‘‘(2) has been isolated from all sources of
                                               tation and Infrastructure and Energy and                   ‘‘(i) noticed to the public—
                                                                                                                                                              hazardous liquid, natural gas, or other gas;
                                               Commerce of the House of Representatives a                 ‘‘(I) on the website of the Pipeline and Haz-
                                                                                                                                                              and
                                               notification in accordance with subsection              ardous Materials Safety Administration; and
                                                                                                                                                                 ‘‘(3)(A) has been purged of combustibles
                                               (c).                                                       ‘‘(II) in the Federal Register; and
                                                                                                                                                              and hazardous materials and maintains a
                                                 (c) CONTENTS.—An update published or a                   ‘‘(ii) open to the public.
                                                                                                                                                              blanket of inert, nonflammable gas at low
                                               notification submitted under paragraph (1)                 ‘‘(B) AGREEMENTS, ORDERS, AND JUDG-
                                                                                                                                                              pressure; or
                                               or (2) of subsection (b) shall contain, as ap-          MENTS.—A consent agreement, consent order,
                                                                                                                                                                 ‘‘(B) has not been purged as described in
                                               plicable—                                               order, or judgment resulting from a hearing
                                                                                                                                                              subparagraph (A), but the volume of gas is so
                                                 (1) with respect to information relating to           under paragraph (1) shall be made available
                                                                                                                                                              small that there is no potential hazard.
                                               the Administration—                                     to the public on the website of the Pipeline
                                                                                                                                                                 ‘‘(b) RULEMAKING.—
                                                 (A) a description of the work plan for each           and Hazardous Materials Safety Administra-
                                                                                                                                                                 ‘‘(1) IN GENERAL.—Not later than 2 years
                                               outstanding mandate;                                    tion.
                                                                                                                                                              after the date of enactment of the PIPES
                                                 (B) an updated rulemaking timeline for                   ‘‘(4) PROCEDURES.—In implementing en-
                                                                                                                                                              Act of 2020, the Secretary shall promulgate
                                               each outstanding mandate;                               forcement and regulatory procedures under
                                                                                                                                                              regulations prescribing the applicability of
                                                 (C) the staff allocations with respect to             this chapter, the Secretary shall—
                                                                                                                                                              the pipeline safety requirements to idled
                                               each outstanding mandate;                                  ‘‘(A) allow the use of a consent agreement
                                                                                                                                                              natural or other gas transmission and haz-
                                                 (D) any resource constraints affecting the            and consent order to resolve any matter of
                                                                                                       fact or law asserted;                                  ardous liquid pipelines.
                                               rulemaking process for each outstanding                                                                           ‘‘(2) REQUIREMENTS.—
                                               mandate;                                                   ‘‘(B) allow the respondent and the agency
                                                                                                       to convene 1 or more meetings—                            ‘‘(A) IN GENERAL.—The applicability of the
                                                 (E) any other details associated with the                                                                    regulations under paragraph (1) shall be
                                               development of each outstanding mandate                    ‘‘(i) for settlement or simplification of the
                                                                                                       issues; or                                             based on the risk that idled natural or other
                                               that affect the progress of the rulemaking                                                                     gas transmission and hazardous liquid pipe-
                                               process with respect to that outstanding                   ‘‘(ii) to aid in the disposition of issues;
                                                                                                          ‘‘(C) require that the case file in an en-          lines pose to the public, property, and the
                                               mandate; and                                                                                                   environment, and shall include requirements
                                                 (F) a description of all rulemakings regard-          forcement proceeding include all agency
                                                                                                       records pertinent to the matters of fact and           to resume operation.
                                               ing gas or hazardous liquid pipeline facilities                                                                   ‘‘(B) INSPECTION.—The Secretary or an ap-
                                               published in the Federal Register that are              law asserted;
                                                                                                          ‘‘(D) require that a recommended decision           propriate State agency shall inspect each
                                               not identified under subsection (b)(2); and                                                                    idled pipeline and verify that the pipeline
                                                                                                       be made available to the respondent when
                                                 (2) with respect to information relating to                                                                  has been purged of combustibles and haz-
                                                                                                       issued;
                                               the Office of the Secretary—                                                                                   ardous materials, if required under sub-
                                                                                                          ‘‘(E) allow a respondent to reply to any
                                                 (A) the date that the outstanding mandate                                                                    section (a).
                                                                                                       post-hearing submission;
                                               was submitted to the Office of the Secretary                                                                      ‘‘(C) REQUIREMENTS FOR REINSPECTION.—
                                                                                                          ‘‘(F) allow a respondent to request—
                                               for review;                                                                                                    The Secretary shall determine the require-
                                                                                                          ‘‘(i) that a hearing be held, and a rec-
                                                 (B) the reason that the outstanding man-                                                                     ments for periodic reinspection of idled nat-
                                                                                                       ommended decision and order issued, on an
                                               date is under review beyond 45 days;                                                                           ural or other gas transmission and hazardous
                                                                                                       expedited basis; or
                                                 (C) the staff allocations within the Office                                                                  liquid pipelines.’’.
                                                                                                          ‘‘(ii) that a hearing not commence for a pe-
                                               of the Secretary with respect to each the               riod of not less than 90 days;                            (b) CLERICAL AMENDMENT.—The table of
                                               outstanding mandate;                                       ‘‘(G) require that the agency have the bur-         sections for chapter 601 of title 49, United
                                                 (D) any resource constraints affecting re-            den of proof, presentation, and persuasion in          States Code (as amended by section 104(b)), is
                                               view of the outstanding mandate;                        any enforcement matter;                                amended by inserting after the item relating
                                                 (E) an estimated timeline of when review                 ‘‘(H) require that any recommended deci-            to section 60142 the following:
                                               of the outstanding mandate will be complete,            sion and order contain findings of fact and            ‘‘60143. Idled pipelines.’’.
                                               as of the date of the update;                           conclusions of law;                                    SEC. 110. LIQUEFIED NATURAL GAS FACILITY
                                                 (F) if applicable, the date that the out-                ‘‘(I) require the Associate Administrator of                   PROJECT REVIEWS.
                                               standing mandate was returned to the Ad-                the Office of Pipeline Safety to file a post-            Section 60103(a) of title 49, United States
                                               ministration for revision and the anticipated           hearing recommendation not later than 30               Code, is amended—
                                               date for resubmission to the Office of the              days after the deadline for any post-hearing             (1) by redesignating paragraphs (1) through
                                               Secretary;                                              submission of a respondent;                            (7) as subparagraphs (A) through (G), respec-
                                                 (G) the date that the outstanding mandate                ‘‘(J) require an order on a petition for re-        tively, and indenting appropriately;
                                               was submitted to the Office of Management               consideration to be issued not later than 120            (2) in the first sentence, by striking ‘‘The
                                               and Budget for review; and                              days after the date on which the petition is           Secretary of Transportation’’ and inserting
                                                 (H) a statement of whether the out-                   filed; and                                             the following:
                                               standing mandate remains under review by                   ‘‘(K) allow an operator to request that an            ‘‘(1) IN GENERAL.—The Secretary of Trans-
                                               the Office of Management and Budget.                    issue of controversy or uncertainty be ad-             portation’’;
                                               SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.                dressed through a declaratory order in ac-               (3) in the second sentence, by striking ‘‘In
                                                 Section 60122(b)(1) of title 49, United States        cordance with section 554(e) of title 5, which         prescribing a standard’’ and inserting the
                                               Code, is amended—                                       order shall be issued not later than 120 days          following:
                                                 (1) in subparagraph (B), by striking ‘‘and’’          after the date on which a request is made.               ‘‘(2) CONSIDERATIONS.—In prescribing a
                                               at the end; and                                            ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-          standard under paragraph (1)’’; and
                                                 (2) by adding at the end the following:               section alters the procedures applicable to              (4) by adding at the end the following:
                                                 ‘‘(D) self-disclosure and correction of viola-        an emergency order under subsection (p).’’.              ‘‘(3) USE OF LOCATION STANDARDS.—If a Fed-
                                               tions, or actions to correct a violation, prior            (b) CONFORMING AMENDMENTS.—                         eral or State authority with jurisdiction
                                               to discovery by the Pipeline and Hazardous                 (1) Section 60109(g)(4) of title 49, United         over liquefied natural gas pipeline facility
                                               Materials Safety Administration; and’’.                 States Code, is amended by striking ‘‘section          permits or approvals is using the location
                                               SEC. 108. DUE PROCESS PROTECTIONS IN EN-                60117(c)’’ and inserting ‘‘section 60117(d)’’.         standards prescribed under paragraph (1) for
                                                          FORCEMENT PROCEEDINGS.                          (2) Section 60117(p) of title 49, United            purposes of making a decision with respect
                                                 (a) IN GENERAL.—Section 60117 of title 49,            States Code (as redesignated by subsection             to the location of a new liquefied natural gas
                                               United States Code, is amended—                         (a)(1)), is amended, in paragraph (3)(E), by           pipeline facility and submits to the Sec-
                                                 (1) by redesignating subsections (b)                  striking ‘‘60117(l)’’ and inserting ‘‘subsection       retary of Transportation a request to provide




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                                               through (o) as subsections (c) through (p), re-         (m)’’.                                                 a determination of whether the new liquefied
                                               spectively; and                                            (3) Section 60118(a)(3) of title 49, United         natural gas pipeline facility would meet the
                                                 (2) by inserting after subsection (a) the fol-        States Code, is amended by striking ‘‘section          location standards, the Secretary may pro-
                                               lowing:                                                 60117(a)–(d)’’ and inserting ‘‘subsections (a)         vide such a determination to the requesting
                                                 ‘‘(b) ENFORCEMENT AND REGULATORY PRO-                 through (e) of section 60117’’.                        Federal or State authority.
                                               CEDURES.—                                               SEC. 109. PIPELINE OPERATING STATUS.                     ‘‘(4) EFFECT.—Nothing in this subsection or
                                                 ‘‘(1) REQUEST FOR FORMAL HEARING.—On re-                (a) IN GENERAL.—Chapter 601 of title 49,             subsection (b)—
                                               quest of a respondent in an enforcement or              United States Code (as amended by section                ‘‘(A) affects—




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5341
                                                 ‘‘(i) section 3 of the Natural Gas Act (15            equipment to ensure ongoing mechanical in-               (2) CONSIDERATIONS.—In determining the
                                               U.S.C. 717b);                                           tegrity;                                               location of the Center, the Secretary shall—
                                                 ‘‘(ii) the authority of the Federal Energy              (12) to conduct pre-start-up safety reviews            (A) take into account the strategic value
                                               Regulatory Commission to carry out that                 of all newly installed or modified equipment;          of locating resources in close proximity to
                                               section; or                                               (13) to establish and implement written              LNG facilities; and
                                                 ‘‘(iii) any other similar authority of any            procedures to manage change to processes of              (B) locate the Center in the State with the
                                               other Federal or State agency; or                       liquefied natural gas conversion, storage,             largest LNG production capacity, as deter-
                                                 ‘‘(B) requires the Secretary of Transpor-             and transport, technology, equipment, and              mined by the total capacity (in billion cubic
                                               tation to formally approve any project pro-             facilities; and                                        feet per day) of LNG production authorized
                                               posal or otherwise perform any siting func-               (14)(A) to investigate each incident that re-        by the Federal Energy Regulatory Commis-
                                               tions.’’.                                               sults in, or could have resulted in—                   sion under section 3 of the Natural Gas Act
                                               SEC. 111. UPDATES TO STANDARDS FOR LIQUE-                 (i) loss of life;                                    (15 U.S.C. 717b) as of the date of enactment of
                                                           FIED NATURAL GAS FACILITIES.                  (ii) destruction of private property; or             this Act.
                                                 (a) IN GENERAL.—Not later than 3 years                  (iii) a major accident; and                            (e) COORDINATION WITH TQ TRAINING CEN-
                                               after the date of enactment of this Act, the              (B) to have operating personnel—                     TER.—In carrying out the functions described
                                               Secretary shall—                                          (i) review any findings of an investigation          in subsection (c), the Center shall coordinate
                                                 (1) review the minimum operating and                  under subparagraph (A); and                            with the Training and Qualifications Train-
                                               maintenance standards prescribed under sec-               (ii) if appropriate, take responsive meas-           ing Center of the Administration in Okla-
                                               tion 60103(d) of title 49, United States Code;          ures.                                                  homa City, Oklahoma, to facilitate knowl-
                                               and                                                     SEC. 112. NATIONAL CENTER OF EXCELLENCE                edge sharing among, and enhanced training
                                                 (2) based on the review under paragraph (1),                     FOR LIQUEFIED NATURAL GAS SAFE-             opportunities for, Federal and State pipeline
                                               update the standards described in that para-                       TY AND TRAINING.                            safety inspectors and investigators.
                                               graph applicable to large-scale liquefied nat-            (a) DEFINITIONS.—In this section:                      (f) JOINT OPERATION WITH EDUCATIONAL IN-
                                               ural gas facilities (other than peak shaving              (1) CENTER.—The term ‘‘Center’’ means the            STITUTION.—The Secretary may enter into an
                                               facilities) to provide for a risk-based regu-           National Center of Excellence for Liquefied            agreement with an appropriate official of an
                                               latory approach for such facilities, con-               Natural Gas Safety and Training established            institution of higher education—
                                               sistent with this section.                              under subsection (b).                                    (1) to provide for joint operation of the
                                                 (b) SCOPE.—In updating the minimum oper-                (2) LNG.—The term ‘‘LNG’’ means lique-               Center; and
                                               ating and maintenance standards under sub-              fied natural gas.                                        (2) to provide necessary administrative
                                               section (a)(2), the Secretary shall ensure                (3) LNG SECTOR STAKEHOLDER.—The term                 services for the Center.
                                               that all regulations, guidance, and internal            ‘‘LNG sector stakeholder’’ means a rep-                SEC. 113. PRIORITIZATION OF RULEMAKING.
                                               documents are developed and applied in a                resentative of—                                          (a) RULEMAKING.—Not later than 90 days
                                               manner consistent with this section.                      (A) LNG facilities that represent the broad          after the date of enactment of this Act, the
                                                 (c) REQUIREMENTS.—The updates to the op-              array of LNG facilities operating in the               Secretary shall ensure completion of and
                                               erating and maintenance standards required              United States;                                         publish in the Federal Register the out-
                                               under subsection (a)(2) shall, at a minimum,              (B) States, Indian Tribes, and units of local        standing rulemaking entitled ‘‘Pipeline Safe-
                                               require operators—                                      government;                                            ty: Safety of Gas Transmission and Gath-
                                                 (1) to develop and maintain written safety              (C) postsecondary education;                         ering Pipelines’’, published in the Federal
                                               information identifying hazards associated                (D) labor organizations;                             Register on April 8, 2016 (81 Fed. Reg. 20722;
                                               with—                                                     (E) safety organizations; or                         Docket No. PHMSA–2011–0023), as that rule-
                                                 (A) the processes of liquefied natural gas              (F) Federal regulatory agencies of jurisdic-         making relates to the consideration of gath-
                                               conversion, storage, and transport;                     tion, which may include—                               ering pipelines.
                                                 (B) equipment used in the processes; and                (i) the Administration;                                (b) STUDY.—Not later than 1 year after the
                                                 (C) technology used in the processes;                   (ii) the Federal Energy Regulatory Com-              date of enactment of this Act, the Comp-
                                                 (2) to conduct a hazard assessment, includ-           mission;                                               troller General of the United States shall—
                                               ing the identification of potential sources of            (iii) the Department of Energy;                        (1) review the extent to which geospatial
                                               accidental releases;                                      (iv) the Occupational Safety and Health              and technical data is collected by operators
                                                 (3)(A) to consult with employees and rep-             Administration;                                        of gathering lines, including design and ma-
                                               resentatives of employees on the develop-                 (v) the Coast Guard; and                             terial specifications;
                                               ment and conduct of hazard assessments                    (vi) the Maritime Administration.                      (2) analyze information collected by opera-
                                               under paragraph (2); and                                  (b) ESTABLISHMENT.—Not later than 2 years            tors of gathering lines when the mapping in-
                                                 (B) to provide employees access to the                after the date of enactment of this Act, the           formation described in paragraph (1) is not
                                               records of the hazard assessments and any               Secretary, in consultation with LNG sector             available for a gathering line; and
                                               other records required under the updated                stakeholders, shall establish a center, to be            (3) assess any plans and timelines of opera-
                                               standards;                                              known as the ‘‘National Center of Excellence           tors of gathering lines to develop the map-
                                                 (4) to establish a system to respond to the           for Liquefied Natural Gas Safety and Train-            ping information described in paragraph (1)
                                               findings of a hazard assessment conducted               ing’’.                                                 or otherwise collect information described in
                                               under paragraph (2) that addresses preven-                (c) FUNCTIONS.—The Center shall, for ac-             paragraph (2).
                                               tion, mitigation, and emergency responses;              tivities regulated under section 60103 of title          (c) REPORT.—The Comptroller General of
                                                 (5) to review, when a design change occurs,           49, United States Code—                                the United States shall submit to the Com-
                                               a hazard assessment conducted under para-                 (1) promote, facilitate, and conduct—                mittee on Commerce, Science, and Transpor-
                                               graph (2) and the response system estab-                  (A) education;                                       tation of the Senate and the Committees on
                                               lished under paragraph (4);                               (B) training; and                                    Transportation and Infrastructure and En-
                                                 (6) to develop and implement written oper-              (C) technological advancements;                      ergy and Commerce of the House of Rep-
                                               ating procedures for the processes of lique-              (2) be a repository of information on best           resentatives a report on the review required
                                               fied natural gas conversion, storage, and               practices relating to, and expertise on, LNG           under subsection (b), including any rec-
                                               transport;                                              operations;                                            ommendations that the Comptroller General
                                                 (7)(A) to provide written safety and oper-              (3) foster collaboration among stake-                of the United States may have as a result of
                                               ating information to employees; and                     holders; and                                           the review.
                                                 (B) to train employees in operating proce-              (4) provide a curriculum for training that           SEC. 114. LEAK DETECTION AND REPAIR.
                                               dures with an emphasis on addressing haz-               incorporates—                                            Section 60102 of title 49, United States
                                               ards and using safe practices;                            (A) risk-based principles into the oper-             Code, is amended by adding at the end the
                                                 (8) to ensure contractors and contract em-            ation, management, and regulatory over-                following:
                                               ployees are provided appropriate information            sight of LNG facilities;                                 ‘‘(q) GAS PIPELINE LEAK DETECTION AND RE-
                                               and training;                                             (B) the reliance on subject matter exper-            PAIR.—
                                                 (9) to train and educate employees and con-           tise within the LNG industry;                            ‘‘(1) IN GENERAL.—Not later than 1 year
                                               tractors in emergency response;                           (C) the transfer of knowledge and expertise          after the date of enactment of this sub-
                                                 (10) to establish a quality assurance pro-            between the LNG industry and regulatory                section, the Secretary shall promulgate final
                                               gram to ensure that equipment, maintenance              agencies; and                                          regulations that require operators of regu-




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                                               materials, and spare parts relating to the op-            (D) training and workshops that occur at             lated gathering lines (as defined pursuant to
                                               erations and maintenance of liquefied nat-              operational facilities.                                subsection (b) of section 60101 for purposes of
                                               ural gas facilities are fabricated and in-                (d) LOCATION.—                                       subsection (a)(21) of that section) in a Class
                                               stalled consistent with design specifications;            (1) IN GENERAL.—The Center shall be lo-              2 location, Class 3 location, or Class 4 loca-
                                                 (11) to establish maintenance systems for             cated in close proximity to critical LNG               tion, as determined under section 192.5 of
                                               critical process-related equipment, including           transportation infrastructure on, and con-             title 49, Code of Federal Regulations, opera-
                                               written procedures, employee training, ap-              necting to, the Gulf of Mexico, as determined          tors of new and existing gas transmission
                                               propriate inspections, and testing of that              by the Secretary.                                      pipeline facilities, and operators of new and




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                                               S5342                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               existing gas distribution pipeline facilities             ‘‘(bb) in the case of an existing facility,              (2) in subsection (b)(1)(B), by inserting
                                               to conduct leak detection and repair pro-               does not impose any design or installation              ‘‘construction material,’’ after ‘‘method of
                                               grams—                                                  requirements on existing facilities that                construction,’’.
                                                 ‘‘(A) to meet the need for gas pipeline safe-         would be inapplicable under section 60104(b);             (b) DEADLINE.—Not later than 1 year after
                                               ty, as determined by the Secretary; and                 or                                                      the date of enactment of this Act, each pipe-
                                                 ‘‘(B) to protect the environment.                       ‘‘(II) periodic surveys with handheld equip-
                                                                                                                                                               line operator shall update the inspection and
                                                 ‘‘(2) LEAK DETECTION AND REPAIR PRO-                  ment, equipment mounted on mobile plat-
                                                                                                                                                               maintenance plan prepared by the operator
                                               GRAMS.—                                                 forms, or other means using commercially
                                                                                                                                                               under section 60108(a) of title 49, United
                                                 ‘‘(A) MINIMUM PERFORMANCE STANDARDS.—                 available technology.
                                               The final regulations promulgated under                   ‘‘(4) SAVINGS CLAUSES.—                               States Code, to address the elements de-
                                               paragraph (1) shall include, for the leak de-             ‘‘(A) SURVEYS AND TIMELINES.—In promul-               scribed in the amendments to that section
                                               tection and repair programs described in                gating regulations under this subsection, the           made by subsection (a).
                                               that paragraph, minimum performance                     Secretary—                                                (c) INSPECTION AND MAINTENANCE PLAN
                                               standards that reflect the capabilities of                ‘‘(i) shall not reduce the frequency of sur-          OVERSIGHT.—
                                               commercially available advanced tech-                   veys required under any other provision of                (1) STUDY.—The Comptroller General of the
                                               nologies that, with respect to each pipeline            this chapter or stipulated by regulation as of          United States shall conduct a study to evalu-
                                               covered by the programs, are appropriate                the date of enactment of this subsection; and           ate the procedures used by the Secretary and
                                               for—                                                      ‘‘(ii) shall not extend the duration of any           States in reviewing plans prepared by pipe-
                                                 ‘‘(i) the type of pipeline;                           timelines for the repair or remediation of              line operators under section 60108(a) of title
                                                 ‘‘(ii) the location of the pipeline;                  leaks that are stipulated by regulation as of           49, United States Code, pursuant to sub-
                                                 ‘‘(iii) the material of which the pipeline is         the date of enactment of this subsection.               section (b) in minimizing releases of natural
                                               constructed; and                                          ‘‘(B) APPLICATION.—The limitations in this            gas from pipeline facilities.
                                                 ‘‘(iv) the materials transported by the               paragraph do not restrict the Secretary’s                 (2) REPORT OF THE COMPTROLLER GENERAL
                                               pipeline.                                               ability to modify any regulations through               OF THE UNITED STATES.—Not later than 1 year
                                                 ‘‘(B) REQUIREMENT.—The leak detection                 proceedings separate from or subsequent to              after the Secretary’s review of the operator
                                               and repair programs described in paragraph              the final regulations required under para-              plans prepared under section 60108(a) of title
                                               (1) shall be able to identify, locate, and cat-         graph (1).                                              49, United States Code, the Comptroller Gen-
                                               egorize all leaks that—                                   ‘‘(C) EXISTING AUTHORITY.—Nothing in this             eral of the United States shall submit to the
                                                 ‘‘(i) are hazardous to human safety or the            subsection shall alter the authority of the             Secretary, the Committee on Commerce,
                                               environment; or                                         Secretary to regulate gathering lines as de-            Science, and Transportation of the Senate,
                                                 ‘‘(ii) have the potential to become explo-            fined under section 60101.’’.                           and the Committees on Transportation and
                                               sive or otherwise hazardous to human safety.                                                                    Infrastructure and Energy and Commerce of
                                                                                                       SEC.   115.   INSPECTION      AND       MAINTENANCE
                                                 ‘‘(3) ADVANCED LEAK DETECTION TECH-                                 PLANS.                                    the House of Representatives a report that—
                                               NOLOGIES AND PRACTICES.—                                                                                          (A) describes the results of the study con-
                                                 ‘‘(A) IN GENERAL.—The final regulations                 (a) IN GENERAL.—Section 60108 of title 49,            ducted under paragraph (1), including an
                                               promulgated under paragraph (1) shall—                  United States Code, is amended—                         evaluation of the procedures used by the Sec-
                                                 ‘‘(i) require the use of advanced leak detec-           (1) in subsection (a)—                                retary and States in reviewing the effective-
                                               tion technologies and practices described in              (A) in paragraph (2)—                                 ness of the plans prepared by pipeline opera-
                                               subparagraph (B);                                         (i) in the matter preceding subparagraph              tors under section 60108(a) of title 49, United
                                                 ‘‘(ii) identify any scenarios where opera-            (A), by inserting ‘‘, must meet the require-            States Code, pursuant to subsection (b) in
                                               tors may use leak detection practices that              ments of any regulations promulgated under              minimizing releases of natural gas from
                                               depend on human senses; and                             section 60102(q),’’ after ‘‘the need for pipeline       pipeline facilities; and
                                                 ‘‘(iii) include a schedule for repairing or re-       safety’’;                                                 (B) provides recommendations for how to
                                               placing each leaking pipe, except a pipe with             (ii) in subparagraph (C), by striking ‘‘and’’         further minimize releases of natural gas
                                               a leak so small that it poses no potential              at the end; and                                         from pipeline facilities without compro-
                                               hazard, with appropriate deadlines.                       (iii) by striking subparagraph (D) and in-            mising pipeline safety based on observations
                                                 ‘‘(B) ADVANCED LEAK DETECTION TECH-                   serting the following:                                  and information obtained through the study
                                               NOLOGIES AND PRACTICES DESCRIBED.—The ad-                 ‘‘(D) the extent to which the plan will con-          conducted under paragraph (1).
                                               vanced leak detection technologies and prac-            tribute to—                                               (3) RESPONSE OF THE SECRETARY.—Not later
                                               tices referred to in subparagraph (A)(i) in-              ‘‘(i) public safety;                                  than 90 days after the date on which the re-
                                               clude—                                                    ‘‘(ii) eliminating hazardous leaks and mini-          port under paragraph (2) is published, the
                                                 ‘‘(i) for new and existing gas distribution           mizing releases of natural gas from pipeline            Secretary shall submit to the Committee on
                                               pipeline facilities, technologies and practices         facilities; and                                         Commerce, Science, and Transportation of
                                               to detect pipeline leaks—                                 ‘‘(iii) the protection of the environment;            the Senate and the Committees on Transpor-
                                                 ‘‘(I)(aa) through continuous monitoring on            and                                                     tation and Infrastructure and Energy and
                                               or along the pipeline; and                                ‘‘(E) the extent to which the plan addresses          Commerce of the House of Representatives a
                                                 ‘‘(bb) in the case of an existing facility,           the replacement or remediation of pipelines             report that includes—
                                               that do not impose any design or installation           that are known to leak based on the mate-                 (A) a response to the results of the study
                                               requirements on existing facilities that                rial (including cast iron, unprotected steel,           conducted under paragraph (1) and the rec-
                                               would be inapplicable under section 60104(b);           wrought iron, and historic plastics with                ommendations contained in the report sub-
                                               or                                                      known issues), design, or past operating and            mitted under paragraph (2);
                                                 ‘‘(II) through periodic surveys with                  maintenance history of the pipeline.’’; and               (B) a discussion of—
                                               handheld equipment, equipment mounted on                  (B) by striking paragraph (3) and inserting             (i) the best available technologies or prac-
                                               mobile platforms, or other means using com-             the following:                                          tices to prevent or minimize, without com-
                                               mercially available technology;                           ‘‘(3) REVIEW OF PLANS.—                               promising pipeline safety, the release of nat-
                                                 ‘‘(ii) for new and existing gas transmission            ‘‘(A) IN GENERAL.—Not later than 2 years              ural gas when making planned repairs, re-
                                               pipeline facilities, technologies and practices         after the date of enactment of this subpara-            placements, or maintenance to a pipeline fa-
                                               to detect pipeline leaks through—                       graph, and not less frequently than once                cility;
                                                 ‘‘(I) equipment that—                                 every 5 years thereafter, the Secretary or                (ii) the best available technologies or prac-
                                                 ‘‘(aa) is capable of continuous monitoring;           relevant State authority with a certification           tices to prevent or minimize, without com-
                                               and                                                     in effect under section 60105 shall review              promising pipeline safety, the release of nat-
                                                 ‘‘(bb) in the case of an existing facility,           each plan described in this subsection.                 ural gas when the operator intentionally
                                               does not impose any design or installation                ‘‘(B) CONTEXT OF REVIEW.—The Secretary                vents or releases natural gas; and
                                               requirements on existing facilities that                may conduct a review under this paragraph                 (iii) pipeline facility designs that, without
                                               would be inapplicable under section 60104(b);           as an element of the inspection of the oper-            compromising pipeline safety, mitigate the
                                               or                                                      ator carried out by the Secretary under sub-            need to intentionally vent natural gas; and
                                                 ‘‘(II) periodic surveys with handheld equip-          section (b).                                              (C) a timeline for updating pipeline safety
                                               ment, equipment mounted on mobile plat-                   ‘‘(C) INADEQUATE PROGRAMS.—If the Sec-                regulations, as the Secretary determines to
                                               forms, or other means using commercially                retary determines that a plan reviewed                  be appropriate, to address—




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                                               available technology; and                               under this paragraph does not comply with                 (i) the recommendations of the Comp-
                                                 ‘‘(iii) for regulated gathering lines in Class        the requirements of this chapter (including             troller General of the United States in the
                                               2 locations, Class 3 locations, or Class 4 loca-        any regulations promulgated under this                  report submitted under paragraph (2); and
                                               tions, technologies and practices to detect             chapter), has not been adequately imple-                  (ii) the matters described in clauses (i)
                                               pipeline leaks through—                                 mented, is inadequate for the safe operation            through (iii) of subparagraph (B) based on
                                                 ‘‘(I) equipment that—                                 of a pipeline facility, or is otherwise inad-           the discussion described in that subpara-
                                                 ‘‘(aa) is capable of continuous monitoring;           equate, the Secretary may conduct enforce-              graph.
                                               and                                                     ment proceedings under this chapter.’’; and               (4) RULEMAKING.—




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5343
                                                 (A) IN GENERAL.—Not later than 180 days               or equity for de novo review in the appro-              the Administrator of the Environmental
                                               after the date on which the Secretary sub-              priate district court of the United States,             Protection Agency under the Clean Air Act
                                               mits the report under paragraph (3), the Sec-           which shall have jurisdiction over such ac-             (42 U.S.C. 7401 et seq.), the authority of the
                                               retary shall update, in accordance with the             tion without regard to the amount in con-               Secretary of the Interior under the Mineral
                                               timeline described in paragraph (3)(C), pipe-           troversy, and which action shall, at the re-            Leasing Act (30 U.S.C. 181 et seq.), or the au-
                                               line safety regulations that the Secretary              quest of either party to the action, be tried           thority of any State to regulate the release
                                               has determined are necessary to protect the             by the court with a jury.                               of pollutants or hazardous substances to air,
                                               environment without compromising pipeline                  ‘‘(ii) BURDENS OF PROOF.—An original ac-             water, or land, including through the estab-
                                               safety.                                                 tion described in clause (i) shall be governed          lishment and enforcement of requirements
                                                 (B) REPORT.—If the Secretary determines               by the same legal burdens of proof specified            relating to that release.
                                               not to promulgate or update regulations to              in paragraph (2)(B) for review by the Sec-                 TITLE II—LEONEL RONDON PIPELINE
                                               address a recommendation of the Comp-                   retary of Labor.’’; and                                                  SAFETY ACT
                                               troller General of the United States made in               (3) by adding at the end the following:              SEC. 201. SHORT TITLE.
                                               the report submitted under paragraph (2),                  ‘‘(e) NONENFORCEABILITY OF CERTAIN PROVI-             This title may be cited as the ‘‘Leonel
                                               the Secretary shall submit to the Committee             SIONS WAIVING RIGHTS AND REMEDIES OR RE-
                                                                                                                                                               Rondon Pipeline Safety Act’’.
                                               on Commerce, Science, and Transportation                QUIRING ARBITRATION OF DISPUTES.—
                                                                                                                                                               SEC. 202. DISTRIBUTION INTEGRITY MANAGE-
                                               of the Senate and the Committees on Trans-                 ‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The                        MENT PLANS.
                                               portation and Infrastructure and Energy and             rights and remedies provided under this sec-              (a) IN GENERAL.—Section 60109(e) of title
                                               Commerce of the House of Representatives a              tion may not be waived by any agreement,                49, United States Code, is amended by adding
                                               justification for that decision and any sup-            policy, form, or condition of employment, in-           at the end the following:
                                               porting documents or analysis used to make              cluding by a predispute arbitration agree-                ‘‘(7) DISTRIBUTION INTEGRITY MANAGEMENT
                                               that decision.                                          ment.                                                   PLANS.—
                                               SEC. 116. CONSIDERATION OF PIPELINE CLASS                  ‘‘(2)   PREDISPUTE    ARBITRATION     AGREE-
                                                                                                                                                                 ‘‘(A) EVALUATION OF RISK.—Not later than 2
                                                          LOCATION CHANGES.                            MENTS.—No provision of a predispute arbitra-
                                                                                                                                                               years after the date of enactment of this
                                                 (a) IN GENERAL.—Not later than 1 year                 tion agreement shall be valid or enforceable            paragraph, the Secretary shall promulgate
                                               after the date of enactment of this Act, the            if the provision requires arbitration of a dis-         regulations to ensure that each distribution
                                               Administrator of the Pipeline and Hazardous             pute arising under subsection (a)(1).’’.                integrity management plan developed by an
                                               Materials Safety Administration shall—                  SEC. 118. TRANSPORTATION TECHNOLOGY CEN-
                                                                                                                                                               operator of a distribution system includes an
                                                 (1) review all comments submitted in re-                          TER.
                                                                                                                                                               evaluation of—
                                               sponse to the advance notice of proposed                  (a) RESEARCH AND DEVELOPMENT.—The Ad-
                                                                                                                                                                 ‘‘(i) the risks resulting from the presence
                                               rulemaking entitled ‘‘Pipeline Safety: Class            ministrator may use the Transportation
                                                                                                                                                               of cast iron pipes and mains in the distribu-
                                               Location Change Requirements’’ (83 Fed.                 Technology Center in Pueblo, Colorado, for
                                                                                                                                                               tion system; and
                                               Reg. 36861 (July 31, 2018));                            research and development relating to trans-
                                                                                                       portation safety improvements that will ad-               ‘‘(ii) the risks that could lead to or result
                                                 (2) complete any other activities or proce-                                                                   from the operation of a low-pressure dis-
                                               dures necessary—                                        vance the safe and efficient transportation of
                                                                                                       hazardous materials and energy products.                tribution system at a pressure that makes
                                                 (A) to make a determination whether to                                                                        the operation of any connected and properly
                                               publish a notice of proposed rulemaking; and              (b) AUTHORITY TO PLAN, DESIGN, ENGINEER,
                                                                                                       ERECT, ALTER, AND REPAIR BUILDINGS AND                  adjusted low-pressure gas burning equipment
                                                 (B) if a positive determination is made                                                                       unsafe (as described in section 192.623 of title
                                               under subparagraph (A), to advance in the               MAKE PUBLIC IMPROVEMENTS.—Only after
                                                                                                       submitting a report to the Committees on                49, Code of Federal Regulations (or a suc-
                                               rulemaking process, including by taking any                                                                     cessor regulation)).
                                               actions required under section 60115 of title           Appropriations and Commerce, Science, and
                                                                                                       Transportation of the Senate and the Com-                 ‘‘(B) CONSIDERATION.—In the evaluations
                                               49, United State Code; and                                                                                      required in a plan under subparagraph (A),
                                                                                                       mittees on Appropriations, Transportation
                                                 (3) consider the issues raised in the report                                                                  the regulations promulgated by the Sec-
                                                                                                       and Infrastructure, and Energy and Com-
                                               to Congress entitled ‘‘Evaluation of Expand-                                                                    retary shall ensure that the distribution in-
                                                                                                       merce of the House of Representatives, and
                                               ing Pipeline Integrity Management Beyond                                                                        tegrity management plan evaluates for fu-
                                                                                                       subject to the availability of funds appro-
                                               High-Consequence Areas and Whether Such                 priated by Congress for the applicable pur-             ture potential threats in a manner that con-
                                               Expansion Would Mitigate the Need for Gas               pose, the Secretary may plan, design, engi-             siders factors other than past observed ab-
                                               Pipeline Class Location Requirements’’ pre-             neer, erect, alter, and repair buildings and            normal operations (within the meaning of
                                               pared by the Pipeline and Hazardous Mate-               make other public improvements to carry                 section 192.605 of title 49, Code of Federal
                                               rials Safety Administration and submitted               out necessary research, safety, and training            Regulations (or a successor regulation)), in
                                               to Congress on June 8, 2016, including the              activities at the Transportation Technology             ranking risks and identifying measures to
                                               adequacy of existing integrity management               Center in Pueblo, Colorado.                             mitigate those risks under that subpara-
                                               programs.                                                 (c) REPORT.—Not later than 180 days after             graph, so that operators avoid using a risk
                                                 (b) APPLICATION.—Nothing in this section              the date of enactment of this Act, and annu-            rating of zero for low probability events un-
                                               requires the Administrator of the Pipeline              ally thereafter, the Secretary shall submit             less otherwise supported by engineering
                                               and Hazardous Materials Safety Administra-              to the Committee on Commerce, Science,
                                               tion to publish a notice of proposed rule-                                                                      analysis or operational knowledge.
                                                                                                       and Transportation of the Senate and the                  ‘‘(C) DEADLINES.—
                                               making or otherwise continue the rule-                  Committees on Transportation and Infra-
                                               making process with respect to the advance                                                                        ‘‘(i) IN GENERAL.—Not later than 2 years
                                                                                                       structure and Energy and Commerce of the                after the date of enactment of this para-
                                               notice of proposed rulemaking described in              House of Representatives a report on the use
                                               subsection (a)(1).                                                                                              graph, each operator of a distribution system
                                                                                                       of, and future plans for, research and devel-           shall make available to the Secretary or the
                                                 (c) REPORTING.—For purposes of this sec-              opment activities at the Transportation
                                               tion, the requirements of section 106 shall                                                                     relevant State authority with a certification
                                                                                                       Technology Center in Pueblo, Colorado.
                                               apply during the period beginning on the                                                                        in effect under section 60105, as applicable, a
                                                                                                       SEC.    119.  INTERSTATE DRUG AND ALCOHOL
                                               date that is 180 days after the date of enact-                         OVERSIGHT.
                                                                                                                                                               copy of—
                                               ment of this Act and ending on the date on                                                                        ‘‘(I) the distribution integrity management
                                                                                                            (a) IN GENERAL.—Not later than 18 months
                                               which the requirements of subsection (a) are            after the date of enactment of this Act, the            plan of the operator;
                                               completed.                                              Secretary shall amend the auditing program                ‘‘(II) the emergency response plan under
                                               SEC. 117. PROTECTION OF EMPLOYEES PRO-                  for the drug and alcohol regulations in part            section 192.615 of title 49, Code of Federal
                                                          VIDING PIPELINE SAFETY INFORMA-              199 of title 49, Code of Federal Regulations,           Regulations (or a successor regulation); and
                                                          TION.                                        to improve the efficiency and processes of                ‘‘(III) the procedural manual for oper-
                                                 Section 60129 of title 49, United States              those regulations as applied to—                        ations, maintenance, and emergencies under
                                               Code, is amended—                                         (1) operators; and                                    section 192.605 of title 49, Code of Federal
                                                 (1) in subsection (a)(1), in the matter pre-            (2) pipeline contractors working for mul-             Regulations (or a successor regulation).
                                               ceding subparagraph (A), by striking ‘‘em-              tiple operators in multiple States.                       ‘‘(ii) UPDATES.—Each operator of a dis-
                                               ployee with’’ and inserting ‘‘current or                  (b) REQUIREMENT.—In carrying out sub-                 tribution system shall make available to the
                                               former employee with’’;                                 section (a), the Secretary shall minimize du-           Secretary or make available for inspection
                                                 (2) in subsection (b)(3), by adding at the            plicative audits of the same operators, and             to the relevant State authority with a cer-
                                               end the following:                                      the contractors working for those operators,            tification in effect under section 60105, if ap-
                                                 ‘‘(D) DE NOVO REVIEW.—                                by the Administration and multiple State                plicable, an updated plan or manual de-




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(i) IN GENERAL.—With respect to a com-              agencies.                                               scribed in clause (i) by not later than 60 days
                                               plaint under paragraph (1), if the Secretary              (c) LIMITATION.—Nothing in this section re-           after the date of a significant update, as de-
                                               of Labor has not issued a final decision by             quires modification of the inspection or en-            termined by the Secretary.
                                               the date that is 210 days after the date on             forcement authority of any Federal agency                 ‘‘(iii) APPLICABILITY OF FOIA.—Nothing in
                                               which the complaint was filed, and if the               or State.                                               this subsection shall be construed to author-
                                               delay is not due to the bad faith of the em-            SEC. 120. SAVINGS CLAUSE.                               ize the disclosure of any information that is
                                               ployee who filed the complaint, that em-                 Nothing in this title or an amendment                  exempt from disclosure under section 552(b)
                                               ployee may bring an original action at law              made by this title affects the authority of             of title 5, United States Code.




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                                               S5344                                             CONGRESSIONAL RECORD — SENATE                                                         August 6, 2020
                                                 ‘‘(D) REVIEW OF PLANS AND DOCUMENTS.—                   ‘‘(i) the number of miles of natural gas and          pressure in or shutting down portions of the
                                                 ‘‘(i) TIMING.—                                        hazardous liquid pipelines in the State, in-            gas distribution system, if necessary; and
                                                 ‘‘(I) IN GENERAL.—Not later than 2 years              cluding the number of miles of cast iron and              ‘‘(2) a detailed procedure for the manage-
                                               after the date of promulgation of the regula-           bare steel pipelines;                                   ment of the change process, which shall—
                                               tions under subparagraph (A), and not less                ‘‘(ii) the number of services in the State;             ‘‘(A) be applied to significant technology,
                                               frequently than once every 5 years there-                 ‘‘(iii) the age of the gas distribution sys-          equipment, procedural, and organizational
                                               after, the Secretary or relevant State au-              tem in the State; and                                   changes to the distribution system; and
                                               thority with a certification in effect under              ‘‘(iv) environmental factors that could im-             ‘‘(B) ensure that relevant qualified per-
                                               section 60105 shall review the distribution in-         pact the integrity of the pipeline, including           sonnel, such as an engineer with a profes-
                                               tegrity management plan, the emergency re-              relevant geological issues; and                         sional engineer licensure, subject matter ex-
                                               sponse plan, and the procedural manual for                ‘‘(C) promulgate regulations to require               pert, or other employee who possesses the
                                               operations, maintenance, and emergencies of             that a State authority with a certification in          necessary knowledge, experience, and skills
                                               each operator of a distribution system and              effect under this section has a sufficient              regarding natural gas distribution systems,
                                               record the results of that review for use in            number of qualified inspectors to ensure safe           review and certify construction plans for ac-
                                               the next review of the program of that oper-            operations, as determined by the State In-              curacy, completeness, and correctness.’’.
                                               ator.                                                   spection Calculation Tool and other factors             SEC. 205. PIPELINE SAFETY MANAGEMENT SYS-
                                                 ‘‘(II) GRACE PERIOD.—For the third, fourth,           determined to be appropriate by the Sec-                            TEMS.
                                               and fifth years after the date of promulga-             retary.’’.
                                               tion of the regulations under subparagraph              SEC. 203. EMERGENCY RESPONSE PLANS.
                                                                                                                                                                 (a) IN GENERAL.—Not later than 3 years
                                               (A), the Secretary—                                                                                             after the date of enactment of this Act, the
                                                                                                         Section 60102 of title 49, United States
                                                 ‘‘(aa) shall not use subclause (I) as jus-                                                                    Secretary shall submit to the Committee on
                                                                                                       Code (as amended by section 114), is amended
                                               tification to reduce funding, decertify, or pe-                                                                 Commerce, Science, and Transportation of
                                                                                                       by adding at the end the following:
                                               nalize in any way under section 60105, 60106,                                                                   the Senate and the Committees on Transpor-
                                                                                                         ‘‘(r) EMERGENCY RESPONSE PLANS.—Not
                                               or 60107 a State authority that has in effect                                                                   tation and Infrastructure and Energy and
                                                                                                       later than 2 years after the date of enact-
                                               a certification under section 60105 or an                                                                       Commerce of the House of Representatives a
                                                                                                       ment of this subsection, the Secretary shall
                                               agreement under section 60106; and                                                                              report describing—
                                                                                                       update regulations to ensure that each emer-
                                                 ‘‘(bb) shall—                                                                                                   (1) the number of operators of natural gas
                                                                                                       gency response plan developed by an oper-
                                                 ‘‘(AA) submit to the Committee on Com-                                                                        distribution systems who have implemented
                                                                                                       ator of a distribution system under section
                                               merce, Science, and Transportation of the                                                                       a pipeline safety management system in ac-
                                                                                                       192.615 of title 49, Code of Federal Regula-
                                               Senate and the Committees on Transpor-                                                                          cordance with the standard established by
                                                                                                       tions (or a successor regulation), includes
                                               tation and Infrastructure and Energy and                                                                        the American Petroleum Institute entitled
                                                                                                       written procedures for—
                                               Commerce of the House of Representatives a                                                                      ‘‘Pipeline Safety Management System Re-
                                               list of States found to be noncompliant with              ‘‘(1) establishing communication with first
                                                                                                                                                               quirements’’ and numbered American Petro-
                                               subclause (I) during the annual program                 responders and other relevant public offi-
                                                                                                                                                               leum Institute Recommended Practice 1173;
                                               evaluation; and                                         cials, as soon as practicable, beginning from
                                                                                                                                                                 (2) the progress made by operators of nat-
                                                 ‘‘(BB) provide a written notice to each               the time of confirmed discovery, as deter-
                                                                                                                                                               ural gas distribution systems who have im-
                                               State authority described in item (aa) that is          mined by the Secretary, by the operator of a
                                                                                                                                                               plemented, or are in the process of imple-
                                               not in compliance with the requirements of              gas pipeline emergency involving a release of
                                                                                                                                                               menting, a pipeline safety management sys-
                                               subclause (I).                                          gas from a distribution system of that oper-
                                                                                                                                                               tem described in paragraph (1); and
                                                 ‘‘(ii) REVIEW.—Each plan or procedural                ator that results in—
                                                                                                                                                                 (3) the feasibility of an operator of a nat-
                                               manual made available under subparagraph                  ‘‘(A) a fire related to an unintended release
                                                                                                                                                               ural gas distribution system implementing a
                                               (C)(i) shall be reexamined—                             of gas;
                                                                                                                                                               pipeline safety management system de-
                                                 ‘‘(I) on significant change to the plans or             ‘‘(B) an explosion;
                                                                                                                                                               scribed in paragraph (1) based on the size of
                                               procedural manual, as applicable;                         ‘‘(C) 1 or more fatalities; or
                                                                                                                                                               the operator as measured by—
                                                 ‘‘(II) on significant change to the gas dis-            ‘‘(D) the unscheduled release of gas and
                                                                                                                                                                 (A) the number of customers the operator
                                               tribution system of the operator, as applica-           shutdown of gas service to a significant num-
                                                                                                                                                               has; and
                                               ble; and                                                ber of customers, as determined by the Sec-
                                                                                                                                                                 (B) the amount of natural gas the operator
                                                 ‘‘(III) not less frequently than once every 5         retary;
                                                                                                                                                               transports.
                                               years.                                                    ‘‘(2) establishing general public commu-
                                                 ‘‘(iii) CONTEXT OF REVIEW.—The Secretary              nication through an appropriate channel—                  (b) REQUIREMENTS.—As part of the report
                                               may conduct a review under clause (i) or (ii)             ‘‘(A) as soon as practicable, as determined           required under subsection (a), the Secretary
                                               as an element of the inspection of the oper-            by the Secretary, after a gas pipeline emer-            shall provide guidance or recommendations
                                               ator carried out by the Secretary.                      gency involving a release of gas that results           that would further the adoption of safety
                                                 ‘‘(iv) INADEQUATE PROGRAMS.—If the Sec-               in—                                                     management systems in accordance with the
                                               retary determines that the documents re-                  ‘‘(i) a fire related to an unintended release         standard established by the American Petro-
                                               viewed under clause (i) or (ii) do not comply           of gas;                                                 leum Institute entitled ‘‘Pipeline Safety
                                               with the requirements of this chapter (in-                ‘‘(ii) an explosion;                                  Management System Requirements’’ and
                                               cluding regulations to implement this chap-               ‘‘(iii) 1 or more fatalities; or                      numbered American Petroleum Institute
                                               ter), have not been adequately implemented,               ‘‘(iv) the unscheduled shutdown of gas                Recommended Practice 1173.
                                               or are inadequate for the safe operation of a           service to a significant number of customers,             (c) EVALUATION AND PROMOTION OF SAFETY
                                               pipeline facility, the Secretary may conduct            as determined by the Secretary; and                     MANAGEMENT SYSTEMS.—The Secretary and
                                               proceedings under this chapter.’’.                        ‘‘(B) that provides information regarding—            the relevant State authority with a certifi-
                                                 (b) MONITORING.—Section 60105(e) of title               ‘‘(i) the emergency described in subpara-             cation in effect under section 60105 of title
                                               49, United States Code, is amended—                     graph (A); and                                          49, United States Code, as applicable, shall—
                                                 (1) in the second sentence, by striking ‘‘A             ‘‘(ii) the status of public safety; and                 (1) promote and assess pipeline safety man-
                                               State authority’’ and inserting the fol-                  ‘‘(3) the development and implementation              agement systems frameworks developed by
                                               lowing:                                                 of a voluntary, opt-in system that would                operators of natural gas distribution systems
                                                 ‘‘(2) COOPERATION.—A State authority with             allow operators of distribution systems to              and described in the report under subsection
                                               a certification in effect under this section’’;         rapidly communicate with customers in the               (a), including—
                                                 (2) by striking ‘‘The Secretary’’ and insert-         event of an emergency.’’.                                 (A) if necessary, using independent third-
                                               ing the following:                                      SEC.   204.   OPERATIONS      AND       MAINTENANCE     party evaluators; and
                                                 ‘‘(1) IN GENERAL.—The Secretary’’; and                              MANUALS.                                    (B) through a system that promotes self-
                                                 (3) by adding at the end the following:                 Section 60102 of title 49, United States              disclosure of—
                                                 ‘‘(3) AUDIT PROGRAM.—Not later than 2                 Code (as amended by section 203), is amended              (i) errors; and
                                               years after the date of enactment of this               by adding at the end the following:                       (ii) deviations from regulatory standards;
                                               paragraph, the Secretary shall—                           ‘‘(s) OPERATIONS AND MAINTENANCE MANU-                and
                                                 ‘‘(A) revise the State audit protocols and            ALS.—Not later than 2 years after the date of             (2) if a deviation from a regulatory stand-
                                               procedures to update the annual State Pro-              enactment of this subsection, the Secretary             ard is identified during the development and
                                               gram Evaluations carried out under this sub-            shall update regulations to ensure that each            application of a pipeline safety management
                                               section and section 60106(d) to ensure that a           procedural manual for operations, mainte-               system, certify that—




SSpencer on DSK126QN23PROD with SENATE
                                               State authority with a certification in effect          nance, and emergencies developed by an op-                (A) due consideration will be given to fac-
                                               under this section has the capability to suffi-         erator of a distribution pipeline under sec-            tors such as flawed procedures, honest mis-
                                               ciently review and evaluate the adequacy of             tion 192.605 of title 49, Code of Federal Regu-         takes, or lack of understanding; and
                                               the plans and manuals described in section              lations (or a successor regulation), includes             (B) the operators and regulators use the
                                               60109(e)(7)(C)(i);                                      written procedures for—                                 most appropriate tools to fix the deviation,
                                                 ‘‘(B) update the State Inspection Calcula-              ‘‘(1) responding to overpressurization indi-          return to compliance, and prevent the recur-
                                               tion Tool to take into account factors in-              cations, including specific actions and an              rence of the deviation, including—
                                               cluding—                                                order of operations for immediately reducing              (i) root cause analysis; and




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S5345
                                                 (ii) training, education, or other appro-             mon mode of failure or provide backup pro-             ate proceed to the consideration of S.
                                               priate improvements to procedures or train-             tection capable of either shutting the flow of         Res. 676, submitted earlier today.
                                               ing programs.                                           gas, relieving gas to the atmosphere to fully            The PRESIDING OFFICER. The
                                               SEC. 206. PIPELINE SAFETY PRACTICES.                    protect the distribution system from over-
                                                                                                                                                              clerk will report the resolution by
                                                 Section 60102 of title 49, United States              pressurization events, or there must be tech-
                                                                                                       nology in place to eliminate a common mode             title.
                                               Code (as amended by section 204), is amended
                                                                                                       of failure; and                                          The legislative clerk read as follows:
                                               by adding at the end the following:
                                                 ‘‘(t) OTHER PIPELINE SAFETY PRACTICES.—                  ‘‘(iv) if the Secretary determines that it is         A resolution (S. Res. 676) to authorize the
                                                 ‘‘(1) RECORDS.—Not later than 2 years after           not operationally possible for an operator to          production of records by the Permanent Sub-
                                               the date of enactment of this subsection, the           implement the requirements under clause                committee on Investigations of the Com-
                                               Secretary shall promulgate regulations to               (iii), the Secretary shall require such oper-          mittee on Homeland Security and Govern-
                                               require an operator of a distribution sys-              ator to identify actions in their plan that            mental Affairs.
                                               tem—                                                    minimize the risk of an overpressurization               There being no objection, the Senate
                                                 ‘‘(A) to identify and manage traceable, re-           event.’’.                                              proceeded to consider the resolution.
                                               liable, and complete records, including maps                              f                                      Mr. MCCONNELL. Mr. President, I
                                               and other drawings, critical to ensuring                                                                       ask unanimous consent that the reso-
                                               proper pressure controls for a gas distribu-             AUTHORITY FOR COMMITTEES TO
                                                                                                                        MEET                                  lution be agreed to, the preamble be
                                               tion system, and updating these records as
                                               needed, while collecting and identifying                                                                       agreed to, and the motions to recon-
                                                                                                         Mr. CORNYN. Mr. President, I have 4
                                               other records necessary for risk analysis on            requests for committees to meet during                 sider be considered made and laid upon
                                               an opportunistic basis; and                             today’s session of the Senate. They                    the table with no intervening action or
                                                 ‘‘(B) to ensure that the records required
                                                                                                       have the approval of the Majority and                  debate.
                                               under subparagraph (A) are—                                                                                      The PRESIDING OFFICER. Without
                                                 ‘‘(i) accessible to all personnel responsible         Minority Leaders.
                                                                                                         Pursuant to rule XXVI, paragraph                     objection, it is so ordered.
                                               for performing or overseeing relevant con-                                                                       The resolution (S. Res. 676) was
                                               struction or engineering work; and                      5(a), of the Standing Rules of the Sen-
                                                                                                       ate, the following committees are au-                  agreed to.
                                                 ‘‘(ii) submitted to, or made available for
                                               inspection by, the Secretary or the relevant            thorized to meet during today’s session                  The preamble was agreed to.
                                               State authority with a certification in effect          of the Senate:                                           (The resolution, with its preamble, is
                                               under section 60105.                                             COMMITTEE ON ARMED SERVICES
                                                                                                                                                              printed in today’s RECORD under ‘‘Sub-
                                                 ‘‘(2) PRESENCE OF QUALIFIED EMPLOYEES.—                  The Committee on Armed Services is                  mitted Resolutions.’’)
                                                 ‘‘(A) IN GENERAL.—Not later than 180 days
                                                                                                       authorized to meet during the session                                    f
                                               after the date of enactment of this sub-
                                               section, the Secretary shall promulgate reg-            of the Senate on Thursday, August 6,                         NATIONAL AIRBORNE DAY
                                               ulations to require that not less than 1 agent          2020, at 9 a.m., in Open Session to con-
                                                                                                                                                                Mr. MCCONNELL. Mr. President, I
                                               of an operator of a distribution system who             sider the nomination of Mr. Jason A.
                                                                                                                                                              ask unanimous consent that the Sen-
                                               is qualified to perform relevant covered                Abend to be Inspector General of the
                                                                                                                                                              ate proceed to the consideration of S.
                                               tasks (as defined in section 192.801(b) of title        Department of Defense; Mr. Bradley D.
                                               49, Code of Federal Regulations (or a suc-                                                                     Res. 677, submitted earlier today.
                                                                                                       Hansell to be Deputy Under Secretary
                                               cessor regulation)) shall monitor gas pres-                                                                      The PRESIDING OFFICER. The
                                                                                                       of Defense for Intelligence and Secu-
                                               sure at the district regulator station or at an                                                                clerk will report the resolution by
                                                                                                       rity; Mr. Lucas N. Polakowski to be
                                               alternative site with equipment capable of                                                                     title.
                                                                                                       Assistant Secretary of Defense for Nu-
                                               ensuring proper pressure controls and have                                                                       The legislative clerk read as follows:
                                               the capability to promptly shut down the                clear, Chemical, and Biological Defense
                                                                                                       Programs; and Mr. Louis W. Bremer to                     A resolution (S. Res. 677) designating Au-
                                               flow of gas or control over pressurization at                                                                  gust 16, 2020, as ‘‘National Airborne Day’’.
                                               a district regulator station during any con-            be Assistant Secretary of Defense for
                                               struction project that has the potential to             Special Operations/Low-Intensity Con-                    There being no objection, the Senate
                                               cause a hazardous overpressurization at that            flict.                                                 proceeded to consider the resolution.
                                               station, including tie-ins and abandonment                   COMMITTEE ON COMMERCE, SCIENCE, AND                 Mr. MCCONNELL. I ask unanimous
                                               of distribution lines and mains, based on an                          TRANSPORTATION                           consent that the resolution be agreed
                                               evaluation, conducted by the operator, of                 The    Committee    on   Commerce,                   to, the preamble be agreed to, and the
                                               threats that could result in unsafe operation.                                                                 motions to reconsider be considered
                                                                                                       Science, and Transportation is author-
                                                 ‘‘(B) EXCLUSION.—In promulgating regula-                                                                     made and laid upon the table with no
                                               tions under subparagraph (A), the Secretary
                                                                                                       ized to hold a meeting during the ses-
                                                                                                       sion of the Senate on Committee on                     intervening action or debate.
                                               shall ensure that those regulations do not
                                               apply to a district regulating station that             Thursday, August 6, 2020, at 10 a.m.                     The PRESIDING OFFICER. Without
                                               has a monitoring system and the capability              The committee will hold a full com-                    objection, it is so ordered.
                                               for remote or automatic shutoff.                        mittee nominations hearing.                              The resolution (S. Res. 677) was
                                                 ‘‘(3) DISTRICT REGULATOR STATIONS.—                          COMMITTEE ON FOREIGN RELATIONS                  agreed to.
                                                 ‘‘(A) IN GENERAL.—Not later than 1 year                 The Committee on Foreign Relations                     The preamble was agreed to.
                                               after the date of enactment of this sub-                                                                         (The resolution, with its preamble, is
                                                                                                       is authorized to meet during the ses-
                                               section, the Secretary shall promulgate reg-                                                                   printed in today’s RECORD under ‘‘Sub-
                                               ulations to require that each operator of a             sion of the Senate on Thursday, August
                                                                                                       6, 2020, at 10:30 a.m. to hold a full com-             mitted Resolutions.’’)
                                               distribution system assesses and upgrades,
                                               as appropriate, each district regulator sta-            mittee hearing on nominations.                                           f
                                               tion of the operator to ensure that—                         COMMITTEE ON HOMELAND SECURITY AND                   NATIONAL CHILD AWARENESS
                                                 ‘‘(i) the risk of the gas pressure in the dis-                   GOVERNMENTAL AFFAIRS
                                                                                                                                                                              MONTH
                                               tribution system exceeding, by a common                   The Senate Committee on Homeland
                                               mode of failure, the maximum allowable op-              Security and Governmental Affairs is                     Mr. MCCONNELL. Mr. President, I
                                               erating pressure (as described in section               authorized to meet during the session                  ask unanimous consent that the Sen-
                                               192.623 of title 49, Code of Federal Regula-
                                                                                                       of the Senate on Thursday, August 6,                   ate proceed to the immediate consider-
                                               tions (or a successor regulation)) allowed                                                                     ation of S. Res. 678, submitted earlier
                                               under Federal law (including regulations) is            2020, at 10 a.m. in order to conduct a
                                                                                                       hearing entitled, ‘‘Oversight of DHS                   today.
                                               minimized;                                                                                                       The PRESIDING OFFICER. The
                                                 ‘‘(ii) the gas pressure of a low-pressure dis-        Personnel Deployments to Recent Pro-
                                               tribution system is monitored, particularly             tests.’’                                               clerk will report the resolution by
                                               at or near the location of critical pressure-                                                                  title.
                                                                                                                         f
                                               control equipment;                                                                                               The legislative clerk read as follows:
                                                 ‘‘(iii) the regulator station has secondary           AUTHORIZING THE PRODUCTION                               A resolution (S. Res. 678) designating Sep-




SSpencer on DSK126QN23PROD with SENATE
                                               or backup pressure-relieving or overpressure-             OF RECORDS BY THE PERMA-                             tember 2020 as ‘‘National Child Awareness
                                               protection safety technology, such as a relief            NENT SUBCOMMITTEE ON INVES-                          Month’’ to promote awareness of charities
                                               valve or automatic shutoff valve, or other                TIGATIONS OF THE COMMITTEE                           that benefit children and youth-serving orga-
                                               pressure-limiting devices appropriate for the             ON HOMELAND SECURITY AND                             nizations throughout the United States and
                                               configuration and siting of the station and,                                                                   recognizing the efforts made by those char-
                                                                                                         GOVERNMENTAL AFFAIRS
                                               in the case of a regulator station that em-                                                                    ities and organizations on behalf of children
                                               ploys the primary and monitor regulator de-               Mr. MCCONNELL. Mr. President, I                      and youth as critical contributions to the fu-
                                               sign, the operator shall eliminate the com-             ask unanimous consent that the Sen-                    ture of the United States.




                                         VerDate Sep 11 2014   05:51 Aug 07, 2020   Jkt 099060   PO 00000   Frm 00117   Fmt 4637   Sfmt 0634   E:\CR\FM\A06AU6.082   S06AUPT1


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