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.”
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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-
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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—
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‘‘(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
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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
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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-
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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)
SSpencer on DSK126QN23PROD with SENATE
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,
SSpencer on DSK126QN23PROD with SENATE
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
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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,
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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
VerDate Sep 11 2014 05:51 Aug 07, 2020 Jkt 099060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\CR\FM\A06AU6.079 S06AUPT1
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
VerDate Sep 11 2014 05:51 Aug 07, 2020 Jkt 099060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A06AU6.080 S06AUPT1
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
SSpencer on DSK126QN23PROD with SENATE
(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
SSpencer on DSK126QN23PROD with SENATE
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
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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
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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-
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‘‘(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—
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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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