Congressional Record, Senate - September 8, 2020, S5448
Summary
This is a long extract from the Congressional Record, Senate, September 8, 2020, beginning at page S5448, with interleaved columns and a sampled middle section. The opening columns finish a resolution on the conflict in the Northwest and Southwest regions of Cameroon, then list amendments submitted, including SA 2652, which Mr. McConnell proposed to the bill S. 178 on human rights violations against ethnic Turkic Muslims in Xinjiang. The amendment text is a relief act for families, schools and small businesses, whose table of contents covers liability relief, small business recovery, Postal Service funding, education grants and the Coronavirus Relief Fund. The extract ends with nominations for United States District Judge seats.
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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“Congressional Record, Senate - September 8, 2020, S5448.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-08-crec-2020-09-08-pt1-pgs5448-2-38e93e8a2e/
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S5448 CONGRESSIONAL RECORD — SENATE September 8, 2020
(B) immediately cease human rights Southwest regions of Cameroon and push for Sec. 2182. Liability for conducting testing at
abuses, including killings of civilians, tor- a cessation of violence, an expedient resolu- workplace.
ture, kidnapping, and extortion; tion, the implementation of a mutually Sec. 2183. Joint employment and inde-
(C) immediately end the school boycott in agreed-upon program for addressing the root pendent contracting.
the Northwest and Southwest regions and at- causes and pending grievances, and the in- Sec. 2184. Exclusion of certain notification
tacks on schools, teachers, and education of- vestigation and prosecution of human rights requirements as a result of the
ficials, and allow for the safe return of all abuses and crimes committed against civil- COVID–19 public health emer-
students to class; and ians. gency.
(D) immediately release all kidnapped and f
detained civilians; Subtitle B—Products
(6) urges the Department of State, Depart- AMENDMENTS SUBMITTED AND Sec. 2201. Applicability of the targeted li-
ment of the Treasury, and United States PROPOSED ability protections for pan-
Agency for International Development, in demic and epidemic products
coordination with other relevant Federal de- SA 2652. Mr. MCCONNELL proposed an and security countermeasures
partments and agencies, to— amendment to the bill S. 178, to condemn with respect to covid–19.
(A) consider imposing targeted sanctions gross human rights violations of ethnic
Turkic Muslims in Xinjiang, and calling for Subtitle C—General Provisions
on individual government and separatist
leaders ‘‘responsible for extrajudicial an end to arbitrary detention, torture, and Sec. 2301. Severability.
killings, torture, or other gross violations of harassment of these communities inside and TITLE III—ASSISTANCE FOR AMERICAN
internationally recognized human rights’’; outside China. FAMILIES
(B) press the Government of Cameroon to f Sec. 3001. Short title.
provide unfettered humanitarian access to Sec. 3002. Extension of the Federal Pan-
vulnerable populations in the Northwest and
TEXT OF AMENDMENTS
demic Unemployment Com-
Southwest regions of Cameroon; SA 2652. Mr. MCCONNELL proposed pensation program.
(C) support credible efforts to address the an amendment to the bill S. 178, to
root causes of the conflict and to achieve TITLE IV—SMALL BUSINESS PROGRAMS
condemn gross human rights violations
sustainable peace and reconciliation and ef- of ethnic Turkic Muslims in Xinjiang, Sec. 4001. Small business recovery.
forts to aid the economic recovery of and TITLE V—POSTAL SERVICE ASSISTANCE
fight coronavirus in the Northwest and
and calling for an end to arbitrary de-
Southwest regions; tention, torture, and harassment of Sec. 5001. COVID–19 funding for the United
(D) support humanitarian and development these communities inside and outside States Postal Service.
programming, including to meet immediate China; as follows: TITLE VI—EDUCATIONAL SUPPORT AND
needs, advance nonviolent conflict resolu- In lieu of the matter proposed to be in- CHILD CARE
tion and reconciliation, promote economic serted; insert the following: Subtitle A—Emergency Education Freedom
recovery and development, support primary SECTION 1. SHORT TITLE. Grants; Tax Credits for Contributions to
and secondary education, and strengthen This Act may be cited as the ‘‘Delivering Eligible Scholarship-granting Organiza-
democratic processes, including political de- Immediate Relief to America’s Families, tions
centralization, enshrined as a fundamental Schools and Small Businesses Act’’.
principle of state governance in the Con- Sec. 6001. Emergency education freedom
SEC. 2. TABLE OF CONTENTS. grants.
stitution of Cameroon;
The table of contents for this Act is as fol- Sec. 6002. Tax credits for contributions to el-
(E) continue to limit security assistance to
lows: igible scholarship-granting or-
Cameroon and ensure that United States
training and equipment is not being used to Sec. 1. Short title. ganizations.
facilitate human rights abuses in the North- Sec. 2. Table of contents. Sec. 6003. Education Freedom Scholarships
west and Southwest regions; Sec. 3. References. web portal and administration.
(F) prioritize efforts to help develop and DIVISION A—LIABILITY PROTECTIONS, Sec. 6004. 529 account funding for
sustain effective, professional civilian over- CONTINUED RELIEF FOR SMALL BUSI- homeschool and additional ele-
sight of law enforcement and security serv- NESSES AND WORKERS, PUBLIC mentary and secondary ex-
ices in Cameroon to ensure they are held ac- HEALTH ENHANCEMENTS, AND EDU- penses.
countable for abuses; and CATIONAL SUPPORT
Subtitle B—Back to Work Child Care Grants
(G) engage in an ongoing effort to ensure TITLE I—SUNSETS AND OFFSETS
that the crisis in the Anglophone regions is Sec. 6101. Back to Work Child Care grants.
Sec. 1001. Emergency relief and taxpayer
discussed in international fora, including the protections. TITLE VII—PANDEMIC PREPARATION
United Nations Security Council, that focus Sec. 1002. Direct appropriation. AND STRATEGIC STOCKPILE
on urgent international diplomatic engage- Sec. 1003. Termination of authority. Sec. 7001. Sustained on-shore manufacturing
ment and response; and Sec. 1004. Rescissions. capacity for public health
(7) urges members of the international TITLE II—CORONAVIRUS LIABILITY emergencies.
community to— RELIEF Sec. 7002. Improving and sustaining State
(A) join in a strategic collective effort to
Sec. 2001. Short title. medical stockpiles.
pressure the Government of Cameroon and
Sec. 2002. Findings and purposes. Sec. 7003. Strengthening the Strategic Na-
separatist armed groups, including through
Sec. 2003. Definitions. tional Stockpile.
the use of available diplomatic and punitive
tools, to immediately conclude and uphold a Subtitle A—Liability Relief TITLE VIII—CORONAVIRUS RELIEF FUND
ceasefire, participate in an inclusive and PART I—LIABILITY LIMITATIONS FOR INDIVID- EXTENSION
meaningful dialogue to address the root UALS AND ENTITIES ENGAGED IN BUSINESSES,
Sec. 8001. Extension of period to use
causes of the conflict and pending griev- SERVICES, ACTIVITIES, OR ACCOMMODATIONS Coronavirus Relief Fund pay-
ances, and seek nonviolent solutions to the Sec. 2121. Application of part. ments.
conflict, including by possibly involving an Sec. 2122. Liability; safe harbor.
TITLE IX—CHARITABLE GIVING
independent and credible mediator; PART II—LIABILITY LIMITATIONS FOR HEALTH
(B) mobilize and coordinate funding for CARE PROVIDERS Sec. 9001. Increase in limitation on partial
local and international organizations to pro- above the line deduction for
Sec. 2141. Application of part.
vide humanitarian and development assist- charitable contributions.
Sec. 2142. Liability for health care profes-
ance, including to fight coronavirus, to com- sionals and health care facili- TITLE X—CRITICAL MINERALS
munities affected by the crisis in the North- ties during coronavirus public Sec. 10001. Mineral security.
west and Southwest regions of Cameroon; health emergency. Sec. 10002. Rare earth element advanced coal
(C) leverage bilateral relationships to en-
PART III—SUBSTANTIVE AND PROCEDURAL technologies.
courage key partners of Cameroon, particu-
PROVISIONS FOR CORONAVIRUS-RELATED AC- TITLE XI—MISCELLANEOUS PROVISIONS
larly France, to help foster a peaceful resolu-
TIONS GENERALLY
tion to the crisis in the Northwest and Sec. 11001. Emergency designation.
Southwest regions of Cameroon and imple- Sec. 2161. Jurisdiction.
Sec. 2162. Limitations on suits. DIVISION B—CORONAVIRUS RESPONSE
ment a mutually agreed-upon program to ad-
Sec. 2163. Procedures for suit in district ADDITIONAL SUPPLEMENTAL APPRO-
dress longstanding grievances and
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courts of the united states. PRIATIONS ACT, 2020
marginalization; and
(D) use regional and international fora, in- Sec. 2164. Demand letters; cause of action. SEC. 3. REFERENCES.
cluding the African Union, the Economic PART IV—RELATION TO LABOR AND Except as expressly provided otherwise,
Community of Central African States, and EMPLOYMENT LAWS any reference to ‘‘this Act’’ contained in any
the United Nations Security Council to dis- Sec. 2181. Limitation on violations under division of this Act shall be treated as refer-
cuss the ongoing crisis in the Northwest and specific laws. ring only to the provisions of that division.
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5449
DIVISION A—LIABILITY PROTECTIONS, of this Act $146,000,000,000 shall be rescinded Only reopening the economy so that workers
CONTINUED RELIEF FOR SMALL BUSI- and deposited into the general fund of the can get back to work and students can get
NESSES AND WORKERS, PUBLIC Treasury. back to school can accomplish that goal.
HEALTH ENHANCEMENTS, AND EDU- (b) EXCHANGE STABILIZATION FUND.—Sec- (9) The Constitution of the United States
CATIONAL SUPPORT tion 4003 of the CARES Act (15 U.S.C. 9042) is specifically enumerates the legislative pow-
TITLE I—SUNSETS AND OFFSETS amended— ers of Congress. One of those powers is the
(1) in subsection (a), by striking regulation of interstate commerce. The Gov-
SEC. 1001. EMERGENCY RELIEF AND TAXPAYER
‘‘$500,000,000,000’’ and inserting ernment is not a substitute for the economy,
PROTECTIONS.
‘‘$296,000,000,000’’; and but it has the authority and the duty to act
Section 4003 of the CARES Act (15 U.S.C. (2) in subsection (b)(4), in the matter pre-
9061) is amended in subsection (e) by striking when interstate commerce is threatened and
ceding subparagraph (A), by striking damaged. As applied to the present crisis,
‘‘Amounts’’ and inserting ‘‘Notwithstanding ‘‘$454,000,000,000’’ and inserting
any other provision of law, amounts’’. Congress can deploy its power over inter-
‘‘$250,000,000,000’’. state commerce to promote a prudent re-
SEC. 1002. DIRECT APPROPRIATION.
TITLE II—CORONAVIRUS LIABILITY opening of businesses and other organiza-
Section 4027 of the CARES Act (15 U.S.C. RELIEF tions that serve as the foundation and back-
9063) is amended by adding at the end the fol- SEC. 2001. SHORT TITLE. bone of the national economy and of com-
lowing:
This title may be cited as the ‘‘Safe- merce among the States. These include
‘‘(d) REDUCTION.—The appropriation made
guarding America’s Frontline Employees To small and large businesses, schools (which
under this section shall be reduced, on Janu-
Offer Work Opportunities Required to are substantial employers in their own right
ary 19, 2021, by an amount equal to the dif-
Kickstart the Economy Act’’ or the ‘‘SAFE and provide necessary services to enable par-
ference between $454,000,000,000 and the ag-
TO WORK Act’’. ents and other caregivers to return to work),
gregate amount of loans, loan guarantees,
SEC. 2002. FINDINGS AND PURPOSES. colleges and universities (which are substan-
and other investments that the Secretary
(a) FINDINGS.—Congress finds the fol- tial employers and supply the interstate
has made or committed to make under sec-
lowing: market for higher-education services), reli-
tion 4003(b)(4) as of such date.’’.
(1) The SARS–CoV–2 virus that originated gious, philanthropic and other nonprofit in-
SEC. 1003. TERMINATION OF AUTHORITY.
in China and causes the disease COVID–19 stitutions (which are substantial employers
Section 4029 of the CARES Act (15 U.S.C. has caused untold misery and devastation and provide necessary services to their com-
9063) is amended by adding at the end the fol- throughout the world, including in the munities), and local government agencies.
lowing: United States. (10) Congress must also ensure that the Na-
‘‘(c) FEDERAL RESERVE PROGRAMS OR FA- (2) For months, frontline health care work- tion’s health care workers and health care
CILITIES.— ers and health care facilities have fought the facilities are able to act fully to defeat the
‘‘(1) IN GENERAL.—Notwithstanding any virus with courage and resolve. They did so virus.
other provision of law, after January 4, 2021, at first with very little information about (11) Congress must also safeguard its in-
the Board of Governors of the Federal Re- how to treat the virus and developed strate- vestment of taxpayer dollars under the
serve System and the Federal Reserve banks gies to save lives of the people of the United CARES Act and other coronavirus legisla-
shall not make any loan, purchase any obli- States in real time. They risked their per- tion. Congress must ensure that those funds
gation, asset, security, or other interest, or sonal health and wellbeing to protect and are used to help businesses and workers sur-
make any extension of credit through any treat their patients. vive and recover from the economic crisis,
program or facility established under section (3) Businesses in the United States kicked and to help health care workers and health
13(3) of the Federal Reserve Act (12 U.S.C. into action to produce and procure personal care facilities defeat the virus. CARES Act
343(3)) in which the Secretary made a loan, protective equipment, such as masks, gloves, funds cannot be diverted from these impor-
loan guarantee, or other investment using face shields, and hand sanitizer, and other tant purposes to line the pockets of the trial
funds appropriated under section 4027, other necessary medical supplies, such as ventila- bar.
than any such loan, purchase, or extension of tors, at unprecedented rates. (12) One of the chief impediments to the
credit for which a complete application was (4) To halt the spread of the disease, State continued flow of interstate commerce as
submitted on or before January 4, 2021, pro- and local governments took drastic meas- this public-health crisis has unfolded is the
vided that such loan, purchase, or extension ures. They shut down small and large busi- risk of litigation. Small and large busi-
of credit is made on or before January 18, nesses, schools, colleges and universities, re- nesses, schools, colleges and universities, re-
2021, and under the terms and conditions of ligious, philanthropic and other nonprofit in- ligious, philanthropic and other nonprofit in-
the program or facility as in effect on the stitutions, and local government agencies. stitutions, and local government agencies
date the complete application was sub- They ordered people to remain in their confront the risk of a tidal wave of lawsuits
mitted. homes. accusing them of exposing employees, cus-
‘‘(2) NO MODIFICATION.—On or after January (5) This standstill was needed to slow the tomers, students, and worshipers to
19, 2021, the Board of Governors of the Fed- spread of the virus. But it devastated the coronavirus. Health care workers face the
eral Reserve System and the Federal Reserve economy of the United States. The sum of threat of lawsuits arising from their efforts
banks shall not modify the terms and condi- hundreds of local-level and State-level deci- to fight the virus.
tions of any program or facility established sions to close nearly every space in which (13) They confront this litigation risk even
under section 13(3) of the Federal Reserve people might gather brought interstate com- as they work tirelessly to comply with the
Act (12 U.S.C. 343(3)) in which the Secretary merce nearly to a halt. coronavirus guidance, rules, and regulations
made a loan, loan guarantee, or other invest- (6) This halt led to the loss of millions of issued by local governments, State govern-
ment using funds appropriated under section jobs. These lost jobs were not a natural con- ments, and the Federal Government. They
4027, but may modify or restructure a loan, sequence of the economic environment, but confront this risk notwithstanding equip-
obligation, asset, security, or other interest, rather the result of a drastic, though tem- ment and staffing shortages. And they con-
or extension of credit made or purchased porary, response to the unprecedented na- front this risk while also grappling with con-
through any such program or facility pro- ture of this global pandemic. stantly changing information on how best to
vided that— (7) Congress passed a series of statutes to protect employees, customers, students, and
‘‘(A) the loan, obligation, asset, security, address the health care and economic cri- worshipers from the virus, and how best to
or other interest, or extension of credit is for ses—the Coronavirus Preparedness and Re- treat it.
an eligible business, including an eligible sponse Supplemental Appropriations Act, (14) These lawsuits pose a substantial risk
nonprofit organization; and 2020 (Public Law 116–123; 134 Stat. 146), the to interstate commerce because they threat-
‘‘(B) the modification or restructuring re- Families First Coronavirus Response Act en to keep small and large businesses,
lates to a single and specific eligible busi- (Public Law 116–127; 134 Stat. 178), the schools, colleges and universities, religious,
ness, including an eligible nonprofit organi- Coronavirus Aid, Relief, and Economic Secu- philanthropic and other nonprofit institu-
zation; and rity Act or the CARES Act (Public Law 116– tions, and local government agencies from
‘‘(C) the modification or restructuring is 136), and the Paycheck Protection Program reopening for fear of expensive litigation
necessary to minimize costs to taxpayers and Health Care Enhancement Act (Public that might prove to be meritless. These law-
that could arise from a default on the loan, Law 116–139; 134 Stat. 620). In these laws Con- suits further threaten to undermine the Na-
obligation, asset, security, or other interest, gress exercised its power under the Com- tion’s fight against the virus by exposing our
or extension of credit.’’. merce and Spending Clauses of the Constitu- health care workers and health care facili-
SEC. 1004. RESCISSIONS. tion of the United States to direct trillions ties to liability for difficult medical deci-
(a) PPP AND SUBSIDY FOR CERTAIN LOAN of taxpayer dollars toward efforts to aid sions they have made under trying and un-
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PAYMENTS.—Of the unobligated balances in workers, businesses, State and local govern- certain circumstances.
the appropriations account under the head- ments, health care workers, and patients. (15) These lawsuits also risk diverting tax-
ing ‘‘Small Business Administration—Busi- (8) This legislation provided short-term in- payer money provided under the CARES Act
ness Loans Program Account, CARES Act’’ sulation from the worst of the economic and other coronavirus legislation from its in-
as of the day before the date of enactment of storm, but these laws alone cannot protect tended purposes to the pockets of opportun-
this Act, effective on the date of enactment the United States from further devastation. istic trial lawyers.
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S5450 CONGRESSIONAL RECORD — SENATE September 8, 2020
(16) This risk is not purely local. It is nec- power to provide for the general welfare of (i) brought by a person who suffered per-
essarily national in scale. A patchwork of the United States. sonal injury or is at risk of suffering per-
local and State rules governing liability in (b) PURPOSES.—Pursuant to the powers del- sonal injury, or a representative of a person
coronavirus-related lawsuits creates tremen- egated to Congress by article I, section 8, who suffered personal injury or is at risk of
dous unpredictability for everyone partici- clauses 1, 3, 9, and 18, and article III, section suffering personal injury;
pating in interstate commerce and acts as a 2, clause 1 of the Constitution of the United (ii) brought against an individual or entity
significant drag on national recovery. The States, the purposes of this title are to— engaged in businesses, services, activities, or
aggregation of each individual potential li- (1) establish necessary and consistent accommodations; and
ability risk poses a substantial and unprece- standards for litigating certain claims spe- (iii) alleging that an actual, alleged,
dented threat to interstate commerce. cific to the unique coronavirus pandemic; feared, or potential for exposure to
(17) The accumulated economic risks for (2) prevent the overburdening of the court coronavirus caused the personal injury or
these potential defendants directly and sub- systems with undue litigation; risk of personal injury, that—
stantially affects interstate commerce. Indi- (3) encourage planning, care, and appro- (I) occurred in the course of the businesses,
viduals and entities potentially subject to priate risk management by small and large services, activities, or accommodations of
coronavirus-related liability will structure businesses, schools, colleges and univer- the individual or entity; and
their decisionmaking to avoid that liability. sities, religious, philanthropic and other (II) occurred—
Small and large businesses, schools, colleges nonprofit institutions, local government (aa) on or after December 1, 2019; and
and universities, religious, philanthropic and agencies, and health care providers; (bb) before the later of—
other nonprofit institutions, and local gov- (4) ensure that the Nation’s recovery from (AA) October 1, 2024; or
ernment agencies may decline to reopen be- the coronavirus economic crisis is not bur- (BB) the date on which there is no declara-
cause of the risk of litigation. They may dened or slowed by the substantial risk of tion by the Secretary of Health and Human
limit their output or engagement with cus- litigation; Services under section 319F–3(b) of the Pub-
tomers and communities to avoid the risk of (5) prevent litigation brought to extract lic Health Service Act (42 U.S.C. 247d–6d(b))
litigation. These individual economic deci- settlements and enrich trial lawyers rather (relating to medical countermeasures) that
sions substantially affect interstate com- than vindicate meritorious claims; is in effect with respect to coronavirus, in-
merce because, as a whole, they will prevent (6) protect interstate commerce from the cluding the Declaration Under the Public
the free and fair exchange of goods and serv- burdens of potentially meritless litigation; Readiness and Emergency Preparedness Act
ices across State lines. Such economic activ- (7) ensure the economic recovery proceeds for Medical Countermeasures Against
ity that, individually and in the aggregate, without artificial and unnecessary delay; COVID–19 (85 Fed. Reg. 15198 ) issued by the
substantially affects interstate commerce is (8) protect the interests of the taxpayers Secretary of Health and Human Services on
precisely the sort of conduct that should be by ensuring that emergency taxpayer sup- March 17, 2020.
subject to congressional regulation. port continues to aid businesses, workers, (B) EXCLUSIONS.—The term ‘‘coronavirus
(18) Lawsuits against health care workers and health care providers rather than enrich exposure action’’ does not include—
and facilities pose a similarly dangerous risk trial lawyers; and (i) a criminal, civil, or administrative en-
to interstate commerce. Interstate com- (9) protect the highest and best ideals of forcement action brought by the Federal
merce will not truly rebound from this crisis Government or any State, local, or Tribal
the national economy, so businesses can
until the virus is defeated, and that will not government; or
produce and serve their customers, workers
happen unless health care workers and facili- (ii) a claim alleging intentional discrimi-
can work, teachers can teach, students can
ties are free to combat vigorously the virus nation on the basis of race, color, national
learn, and believers can worship.
and treat patients with coronavirus and origin, religion, sex (including pregnancy),
SEC. 2003. DEFINITIONS.
those otherwise impacted by the response to disability, genetic information, or age.
coronavirus. In this title: (5) CORONAVIRUS-RELATED ACTION.—The
(19) Subjecting health care workers and fa- (1) APPLICABLE GOVERNMENT STANDARDS term ‘‘coronavirus-related action’’ means a
cilities to onerous litigation even as they AND GUIDANCE.—The term ‘‘applicable gov- coronavirus exposure action or a
have done their level best to combat a virus ernment standards and guidance’’ means— coronavirus-related medical liability action.
about which very little was known when it (A) any mandatory standards or regula- (6) CORONAVIRUS-RELATED HEALTH CARE
arrived in the United States would divert im- tions specifically concerning the prevention SERVICES.—The term ‘‘coronavirus-related
portant health care resources from hospitals or mitigation of the transmission of health care services’’ means services pro-
and providers to courtrooms. coronavirus issued by the Federal Govern- vided by a health care provider, regardless of
(20) Such a diversion would substantially ment, or a State or local government with the location where the services are provided,
affect interstate commerce by degrading the jurisdiction over an individual or entity, that relate to—
national capacity for combating the virus whether provided by executive, judicial, or (A) the diagnosis, prevention, or treatment
and saving patients, thereby substantially legislative order; and of coronavirus;
elongating the period before interstate com- (B) with respect to an individual or entity (B) the assessment or care of an individual
merce could fully re-engage. that, at the time of the actual, alleged, with a confirmed or suspected case of
(21) Congress also has the authority to de- feared, or potential for exposure to coronavirus; or
termine the jurisdiction of the courts of the coronavirus is not subject to any mandatory (C) the care of any individual who is admit-
United States, to set the standards for standards or regulations described in sub- ted to, presents to, receives services from, or
causes of action they can hear, and to estab- paragraph (A), any guidance, standards, or resides at, a health care provider for any
lish the rules by which those causes of action regulations specifically concerning the pre- purpose during the period of a Federal emer-
should proceed. Congress therefore must act vention or mitigation of the transmission of gency declaration concerning coronavirus, if
to set rules governing liability in coronavirus issued by the Federal Govern- such provider’s decisions or activities with
coronavirus-related lawsuits. ment, or a State or local government with respect to such individual are impacted as a
(22) These rules necessarily must be tem- jurisdiction over the individual or entity. result of coronavirus.
porary and carefully tailored to the inter- (2) BUSINESSES, SERVICES, ACTIVITIES, OR (7) CORONAVIRUS-RELATED MEDICAL LIABIL-
state crisis caused by the coronavirus pan- ACCOMMODATIONS.—The term ‘‘businesses, ITY ACTION.—
demic. They must extend no further than services, activities, or accommodations’’ (A) IN GENERAL.—The term ‘‘coronavirus-
necessary to meet this uniquely national cri- means any act by an individual or entity, ir- related medical liability action’’ means a
sis for which a patchwork of State and local respective of whether the act is carried on civil action—
tort laws are ill-suited. for profit, that is interstate or foreign com- (i) brought by a person who suffered per-
(23) Because of the national scope of the merce, that involves persons or things in sonal injury, or a representative of a person
economic and health care dangers posed by interstate or foreign commerce, that in- who suffered personal injury;
the risks of coronavirus-related lawsuits, es- volves the channels or instrumentalities of (ii) brought against a health care provider;
tablishing temporary rules governing liabil- interstate or foreign commerce, that sub- and
ity for certain coronavirus-related tort stantially affects interstate or foreign com- (iii) alleging any harm, damage, breach, or
claims is a necessary and proper means of merce, or that is otherwise an act subject to tort resulting in the personal injury alleged
carrying into execution Congress’s power to regulation by Congress as necessary and to have been caused by, be arising out of, or
regulate commerce among the several proper to carry into execution Congress’s be related to a health care provider’s act or
States. powers to regulate interstate or foreign com- omission in the course of arranging for or
(24) Because Congress must safeguard the merce or to spend funds for the general wel- providing coronavirus-related health care
investment of taxpayer dollars it made in fare. services that occurred—
the CARES Act and other coronavirus legis- (3) CORONAVIRUS.—The term ‘‘coronavirus’’ (I) on or after December 1, 2019; and
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lation, and ensure that they are used for means any disease, health condition, or (II) before the later of—
their intended purposes and not diverted for threat of harm caused by the SARS–CoV–2 (aa) October 1, 2024; or
other purposes, establishing temporary rules virus or a virus mutating therefrom. (bb) the date on which there is no declara-
governing liability for certain coronavirus- (4) CORONAVIRUS EXPOSURE ACTION.— tion by the Secretary of Health and Human
related tort claims is a necessary and proper (A) IN GENERAL.—The term ‘‘coronavirus Services under section 319F–3(b) of the Pub-
means of carrying into execution Congress’s exposure action’’ means a civil action— lic Health Service Act (42 U.S.C. 247d–6d(b))
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5451
(relating to covered countermeasures) that is (III) in the course of providing health care of the laws and regulations of the jurisdic-
in effect with respect to coronavirus, includ- services that— tion in which the subdivision is organized or
ing the Declaration Under the Public Readi- (aa) are within the scope of the license, incorporated) of a governing body described
ness and Emergency Preparedness Act for registration, or certification of the volun- in subparagraph (A) that—
Medical Countermeasures Against COVID–19 teer, as defined by the State of licensure, (i) is wholly owned by that governing body;
(85 Fed. Reg. 15198 ) issued by the Secretary registration, or certification; and and
of Health and Human Services on March 17, (bb) do not exceed the scope of license, reg- (ii) has been delegated the right to exercise
2020. istration, or certification of a substantially 1 or more substantial governmental func-
(B) EXCLUSIONS.—The term ‘‘coronavirus- similar health professional in the State in tions of the governing body.
related medical liability action’’ does not in- which such act or omission occurs; and (19) WILLFUL MISCONDUCT.—The term ‘‘will-
clude— (IV) in a good-faith belief that the indi- ful misconduct’’ means an act or omission
(i) a criminal, civil, or administrative en- vidual being treated is in need of health care that is taken—
forcement action brought by the Federal services. (A) intentionally to achieve a wrongful
Government or any State, local, or Tribal (13) INDIVIDUAL OR ENTITY.—The term ‘‘in- purpose;
government; or dividual or entity’’ means— (B) knowingly without legal or factual jus-
(ii) a claim alleging intentional discrimi- (A) any natural person, corporation, com- tification; and
nation on the basis of race, color, national pany, trade, business, firm, partnership, (C) in disregard of a known or obvious risk
origin, religion, sex (including pregnancy), joint stock company, vessel in rem, edu- that is so great as to make it highly prob-
cational institution, labor organization, or able that the harm will outweigh the benefit.
disability, genetic information, or age.
similar organization or group of organiza-
(8) EMPLOYER.—The term ‘‘employer’’— Subtitle A—Liability Relief
tions;
(A) means any person serving as an em- PART I—LIABILITY LIMITATIONS FOR IN-
(B) any nonprofit organization, foundation,
ployer or acting directly in the interest of an DIVIDUALS AND ENTITIES ENGAGED IN
society, or association organized for reli-
employer in relation to an employee; BUSINESSES, SERVICES, ACTIVITIES, OR
gious, charitable, educational, or other pur-
(B) includes a public agency; and ACCOMMODATIONS
poses; or
(C) does not include any labor organization
(C) any State, Tribal, or local government. SEC. 2121. APPLICATION OF PART.
(other than when acting as an employer) or (14) LOCAL GOVERNMENT.—The term ‘‘local
any person acting in the capacity of officer (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IM-
government’’ means any unit of government
or agent of such labor organization. MUNITY.—
within a State, including a—
(9) GOVERNMENT.—The term ‘‘government’’ (1) CAUSE OF ACTION.—
(A) county;
means an agency, instrumentality, or other (A) IN GENERAL.—This part creates an ex-
(B) borough;
entity of the Federal Government, a State clusive cause of action for coronavirus expo-
(C) municipality;
government (including multijurisdictional (D) city; sure actions.
agencies, instrumentalities, and entities), a (E) town; (B) LIABILITY.—A plaintiff may prevail in a
local government, or a Tribal government. (F) township; coronavirus exposure action only in accord-
(10) GROSS NEGLIGENCE.—The term ‘‘gross (G) parish; ance with the requirements of this subtitle.
negligence’’ means a conscious, voluntary (H) local public authority, including any (C) APPLICATION.—The provisions of this
act or omission in reckless disregard of— public housing agency under the United part shall apply to—
(A) a legal duty; States Housing Act of 1937 (42 U.S.C. 1437 et (i) any cause of action that is a
(B) the consequences to another party; and seq.); coronavirus exposure action that was filed
(C) applicable government standards and (I) special district; before the date of enactment of this Act and
guidance. (J) school district; that is pending on such date of enactment;
(11) HARM.—The term ‘‘harm’’ includes— (K) intrastate district; and
(A) physical and nonphysical contact that (L) council of governments, whether or not (ii) any coronavirus exposure action filed
results in personal injury to an individual; incorporated as a nonprofit corporation on or after such date of enactment.
and under State law; and (2) PRESERVATION OF LIABILITY LIMITS AND
(B) economic and noneconomic losses. (M) agency or instrumentality of— DEFENSES.—Except as otherwise explicitly
(12) HEALTH CARE PROVIDER.— (i) multiple units of local government (in- provided in this part, nothing in this part ex-
(A) IN GENERAL.—The term ‘‘health care cluding units of local government located in pands any liability otherwise imposed or
provider’’ means any person, including an different States); or limits any defense otherwise available under
agent, volunteer (subject to subparagraph (ii) an intra-State unit of local govern- Federal, State, or Tribal law.
(C)), contractor, employee, or other entity, ment. (3) IMMUNITY.—Nothing in this part abro-
who is— (15) MANDATORY.—The term ‘‘mandatory’’, gates the immunity of any State, or waives
(i) required by Federal or State law to be with respect to applicable government stand- the immunity of any Tribal government. The
licensed, registered, or certified to provide ards and guidance, means the standards or limitations on liability provided under this
health care and is so licensed, registered, or regulations are themselves enforceable by part shall control in any action properly
certified (or is exempt from any such re- the issuing government through criminal, filed against a State or Tribal government
quirement); civil, or administrative action. pursuant to a duly executed waiver by the
(ii) otherwise authorized by Federal or (16) PERSONAL INJURY.—The term ‘‘personal State or Tribe of sovereign immunity and
State law to provide care (including services injury’’ means— stating claims within the scope of this part.
and supports furnished in a home or commu- (A) actual or potential physical injury to (b) PREEMPTION AND SUPERSEDURE.—
nity-based residential setting under the an individual or death caused by a physical (1) IN GENERAL.—Except as described in
State Medicaid program or a waiver of that injury; or paragraphs (2) through (6), this part pre-
program); or (B) mental suffering, emotional distress, or empts and supersedes any Federal, State, or
(iii) considered under applicable Federal or similar injuries suffered by an individual in Tribal law, including statutes, regulations,
State law to be a health care provider, connection with a physical injury. rules, orders, proclamations, or standards
health care professional, health care institu- (17) STATE.—The term ‘‘State’’— that are enacted, promulgated, or estab-
tion, or health care facility. (A) means any State of the United States, lished under common law, related to recov-
(B) INCLUSION OF ADMINISTRATORS, SUPER- the District of Columbia, the Commonwealth ery for personal injuries caused by actual, al-
VISORS, ETC.—The term ‘‘health care pro- of Puerto Rico, the Northern Mariana Is- leged, feared, or potential for exposure to
vider’’ includes a health care facility admin- lands, the United States Virgin Islands, coronavirus.
istrator, executive, supervisor, board mem- Guam, American Samoa, and any other ter- (2) STRICTER LAWS NOT PREEMPTED OR SU-
ber or trustee, or another individual respon- ritory or possession of the United States, PERSEDED.—Nothing in this part shall be
sible for directing, supervising, or moni- and any political subdivision or instrumen- construed to affect the applicability of any
toring the provision of coronavirus-related tality thereof; and provision of any Federal, State, or Tribal
health care services in a comparable role. (B) includes any agency or instrumentality law that imposes stricter limits on damages
(C) INCLUSION OF VOLUNTEERS.—The term of 2 or more of the entities described in sub- or liabilities for personal injury caused by,
‘‘health care provider’’ includes volunteers paragraph (A). arising out of, or related to an actual, al-
that meet the following criteria: (18) TRIBAL GOVERNMENT.— leged, feared, or potential for exposure to
(i) The volunteer is a health care profes- (A) IN GENERAL.—The term ‘‘Tribal govern- coronavirus, or otherwise affords greater
sional providing coronavirus-related health ment’’ means the recognized governing body protection to defendants in any coronavirus
care services. of any Indian tribe included on the list pub- exposure action, than are provided in this
ctelli on DSK11ZRN23PROD with Senate
(ii) The act or omission by the volunteer lished by the Secretary of the Interior pursu- part. Any such provision of Federal, State,
occurs— ant to section 104(a) of the Federally Recog- or Tribal law shall be applied in addition to
(I) in the course of providing health care nized Indian Tribe List Act of 1994 (25 U.S.C. the requirements of this part and not in lieu
services; 5131(a)). thereof.
(II) in the health care professional’s capac- (B) INCLUSION.—The term ‘‘Tribal govern- (3) WORKERS’ COMPENSATION LAWS NOT PRE-
ity as a volunteer; ment’’ includes any subdivision (regardless EMPTED OR SUPERSEDED.—Nothing in this
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S5452 CONGRESSIONAL RECORD — SENATE September 8, 2020
part shall be construed to affect the applica- vidual or entity or by the same government (ii) any coronavirus-related medical liabil-
bility of any State or Tribal law providing that issued the mandatory standards and ity action filed on or after such date of en-
for a claim for benefits under a workers’ regulations, the plaintiff may establish that actment.
compensation scheme or program, or to pre- the individual or entity did not make reason- (2) PRESERVATION OF LIABILITY LIMITS AND
empt or supersede an exclusive remedy under able efforts in light of all the circumstances DEFENSES.—Except as otherwise explicitly
such scheme or program. to comply with the applicable government provided in this part, nothing in this part ex-
(4) ENFORCEMENT ACTIONS.—Nothing in this standards and guidance for purposes of sub- pands any liability otherwise imposed or
part shall be construed to impair, limit, or section (a)(1) by establishing by clear and limits any defense otherwise available under
affect the authority of the Federal Govern- convincing evidence that the individual or Federal, State, or Tribal law.
ment, or of any State, local, or Tribal gov- entity was not making reasonable efforts in (3) IMMUNITY.—Nothing in this part abro-
ernment, to bring any criminal, civil, or ad- light of all the circumstances to comply with gates the immunity of any State, or waives
ministrative enforcement action against any the mandatory standards and regulations to the immunity of any Tribal government. The
individual or entity. which the individual or entity was subject. limitations on liability provided under this
(5) DISCRIMINATION CLAIMS.—Nothing in (2) WRITTEN OR PUBLISHED POLICY.— part shall control in any action properly
this part shall be construed to affect the ap- (A) IN GENERAL.—If an individual or entity filed against a State or Tribal government
plicability of any provision of any Federal, engaged in businesses, services, activities, or pursuant to a duly executed waiver by the
State, or Tribal law that creates a cause of accommodations maintained a written or State or Tribe of sovereign immunity and
action for intentional discrimination on the published policy on the mitigation of trans- stating claims within the scope of this part.
basis of race, color, national origin, religion, mission of coronavirus at the time of the ac- (b) PREEMPTION AND SUPERSEDURE.—
sex (including pregnancy), disability, genetic tual, alleged, feared, or potential for expo- (1) IN GENERAL.—Except as described in
information, or age. sure to coronavirus that complied with, or paragraphs (2) through (6), this part pre-
(6) MAINTENANCE AND CURE.—Nothing in was more protective than, the applicable empts and supersedes any Federal, State, or
this part shall be construed to affect a sea- government standards and guidance to which Tribal law, including statutes, regulations,
man’s right to claim maintenance and cure the individual or entity was subject, the in- rules, orders, proclamations, or standards
benefits. dividual or entity shall be presumed to have that are enacted, promulgated, or estab-
(c) STATUTE OF LIMITATIONS.—A made reasonable efforts in light of all the lished under common law, related to recov-
coronavirus exposure action may not be circumstances to comply with the applicable ery for personal injuries caused by, arising
commenced in any Federal, State, or Tribal government standards and guidance for pur- out of, or related to an act or omission by a
government court later than 1 year after the poses of subsection (a)(1). health care provider in the course of arrang-
(B) REBUTTAL.—The plaintiff may rebut ing for or providing coronavirus-related
date of the actual, alleged, feared, or poten-
the presumption under subparagraph (A) by health care services.
tial for exposure to coronavirus.
establishing that the individual or entity (2) STRICTER LAWS NOT PREEMPTED OR SU-
SEC. 2122. LIABILITY; SAFE HARBOR.
was not complying with the written or pub- PERSEDED.—Nothing in this part shall be
(a) REQUIREMENTS FOR LIABILITY FOR EXPO- lished policy at the time of the actual, al- construed to affect the applicability of any
SURE TO CORONAVIRUS.—Notwithstanding any leged, feared, or potential for exposure to provision of any Federal, State, or Tribal
other provision of law, and except as other- coronavirus. law that imposes stricter limits on damages
wise provided in this section, no individual (C) ABSENCE OF A WRITTEN OR PUBLISHED or liabilities for personal injury caused by,
or entity engaged in businesses, services, ac- POLICY.—The absence of a written or pub- arising out of, or related to an act or omis-
tivities, or accommodations shall be liable in lished policy shall not give rise to a pre- sion by a health care provider in the course
any coronavirus exposure action unless the sumption that the individual or entity did of arranging for or providing coronavirus-re-
plaintiff can prove by clear and convincing not make reasonable efforts in light of all lated health care services, or otherwise af-
evidence that— the circumstances to comply with the appli- fords greater protection to defendants in any
(1) in engaging in the businesses, services, cable government standards and guidance for coronavirus-related medical liability action
activities, or accommodations, the indi- purposes of subsection (a)(1). than are provided in this part. Any such pro-
vidual or entity was not making reasonable (3) TIMING.—For purposes of subsection vision of Federal, State, or Tribal law shall
efforts in light of all the circumstances to (a)(1), a change to a policy or practice by an be applied in addition to the requirements of
comply with the applicable government individual or entity before or after the ac- this part and not in lieu thereof.
standards and guidance in effect at the time tual, alleged, feared, or potential for expo- (3) ENFORCEMENT ACTIONS.—Nothing in this
of the actual, alleged, feared, or potential for sure to coronavirus, shall not be evidence of part shall be construed to impair, limit, or
exposure to coronavirus; liability for the actual, alleged, feared, or affect the authority of the Federal Govern-
(2) the individual or entity engaged in potential for exposure to coronavirus. ment, or of any State, local, or Tribal gov-
gross negligence or willful misconduct that (c) THIRD PARTIES.—No individual or entity ernment to bring any criminal, civil, or ad-
caused an actual exposure to coronavirus; shall be held liable in a coronavirus exposure ministrative enforcement action against any
and action for the acts or omissions of a third health care provider.
(3) the actual exposure to coronavirus party, unless— (4) DISCRIMINATION CLAIMS.—Nothing in
caused the personal injury of the plaintiff. (1) the individual or entity had an obliga- this part shall be construed to affect the ap-
(b) REASONABLE EFFORTS TO COMPLY.— tion under general common law principles to plicability of any provision of any Federal,
(1) CONFLICTING APPLICABLE GOVERNMENT control the acts or omissions of the third State, or Tribal law that creates a cause of
STANDARDS AND GUIDANCE.— party; or action for intentional discrimination on the
(A) IN GENERAL.—If more than 1 govern- (2) the third party was an agent of the indi- basis of race, color, national origin, religion,
ment to whose jurisdiction an individual or vidual or entity. sex (including pregnancy), disability, genetic
entity is subject issues applicable govern- (d) MITIGATION.—Changes to the policies, information, or age.
ment standards and guidance, and the appli- practices, or procedures of an individual or (5) PUBLIC READINESS AND EMERGENCY PRE-
cable government standards and guidance entity for complying with the applicable PAREDNESS.—Nothing in this part shall be
issued by 1 or more of the governments con- government standards and guidance after the
construed to affect the applicability of sec-
flicts with the applicable government stand- time of the actual, alleged, feared, or poten-
tion 319F–3 of the Public Health Service Act
ards and guidance issued by 1 or more of the tial for exposure to coronavirus, shall not be
(42 U.S.C. 247d–6d) to any act or omission in-
other governments, the individual or entity considered evidence of liability or culpa-
volving a covered countermeasure, as defined
shall be considered to have made reasonable bility.
in subsection (i) of such section in arranging
efforts in light of all the circumstances to PART II—LIABILITY LIMITATIONS FOR for or providing coronavirus-related health
comply with the applicable government HEALTH CARE PROVIDERS care services. Nothing in this part shall be
standards and guidance for purposes of sub- SEC. 2141. APPLICATION OF PART. construed to affect the applicability of sec-
section (a)(1) unless the plaintiff establishes (a) IN GENERAL.— tion 319F–4 of the Public Health Service Act
by clear and convincing evidence that the in- (1) CAUSE OF ACTION.— (42 U.S.C. 247d–6e).
dividual or entity was not making reason- (A) IN GENERAL.—This part creates an ex- (6) VACCINE INJURY.—To the extent that
able efforts in light of all the circumstances clusive cause of action for coronavirus-re- title XXI of the Public Health Service Act
to comply with any of the conflicting appli- lated medical liability actions. (42 U.S.C. 300aa–1 et seq.) establishes a Fed-
cable government standards and guidance (B) LIABILITY.—A plaintiff may prevail in a eral rule applicable to a civil action brought
issued by any government to whose jurisdic- coronavirus-related medical liability action for a vaccine-related injury or death, this
tion the individual or entity is subject. only in accordance with the requirements of part does not affect the application of that
(B) EXCEPTION.—If mandatory standards this subtitle. rule to such an action.
and regulations constituting applicable gov- (C) APPLICATION.—The provisions of this (c) STATUTE LIMITATIONS.—A
ctelli on DSK11ZRN23PROD with Senate
OF
ernment standards and guidance issued by part shall apply to— coronavirus-related medical liability action
any government with jurisdiction over the (i) any cause of action that is a may not be commenced in any Federal,
individual or entity conflict with applicable coronavirus-related medical liability action State, or Tribal government court later than
government standards and guidance that are that was filed before the date of enactment 1 year after the date of the alleged harm,
not mandatory and are issued by any other of this Act and that is pending on such date damage, breach, or tort, unless tolled for—
government with jurisdiction over the indi- of enactment; and (1) proof of fraud;
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5453
(2) intentional concealment; or caused or contributed to the total loss in- of liability than the degree of liability deter-
(3) the presence of a foreign body, which curred by the plaintiff. mined under this section;
has no therapeutic or diagnostic purpose or (2) PROPORTIONATE LIABILITY.— (B) otherwise affords a greater degree of
effect, in the person of the injured person. (A) DETERMINATION OF RESPONSIBILITY.—In protection from joint or several liability
SEC. 2142. LIABILITY FOR HEALTH CARE PROFES- any coronavirus-related action, the court than is afforded by this section; or
SIONALS AND HEALTH CARE FACILI- shall instruct the jury to answer special in- (C) limits the damages that can be recov-
TIES DURING CORONAVIRUS PUBLIC terrogatories, or, if there is no jury, the ered from a defendant in a coronavirus-re-
HEALTH EMERGENCY. court shall make findings with respect to lated action to a lesser amount of damages
(a) REQUIREMENTS FOR LIABILITY FOR each defendant, including defendants who than the amount determined under this sec-
CORONAVIRUS-RELATED HEALTH CARE SERV- have entered into settlements with the tion.
ICES.—Notwithstanding any other provision plaintiff or plaintiffs, concerning the per- (3) PUBLIC READINESS AND EMERGENCY PRE-
of law, and except as provided in subsection centage of responsibility, if any, of each de- PAREDNESS.—Nothing in this part shall be
(b), no health care provider shall be liable in fendant, measured as a percentage of the construed to affect the applicability of sec-
a coronavirus-related medical liability ac- total fault of all individuals or entities who tion 319F–3 of the Public Health Service Act
tion unless the plaintiff can prove by clear caused or contributed to the loss incurred by (42 U.S.C. 247d–6d) to any act or omission in-
and convincing evidence— the plaintiff. volving a covered countermeasure, as defined
(1) gross negligence or willful misconduct (B) FACTORS FOR CONSIDERATION.—In deter- in subsection (i) of such section in arranging
by the health care provider; and mining the percentage of responsibility for or providing coronavirus-related health
(2) that the alleged harm, damage, breach, under this subsection, the trier of fact shall care services. Nothing in this part shall be
or tort resulting in the personal injury was consider— construed to affect the applicability of sec-
directly caused by the alleged gross neg- (i) the nature of the conduct of each indi- tion 319F–4 of the Public Health Service Act
ligence or willful misconduct. vidual or entity found to have caused or con- (42 U.S.C. 247d–6e).
(b) EXCEPTIONS.—For purposes of this sec- tributed to the loss incurred by the plaintiff; SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT
tion, acts, omissions, or decisions resulting and COURTS OF THE UNITED STATES.
from a resource or staffing shortage shall (ii) the nature and extent of the causal re- (a) PLEADING WITH PARTICULARITY.—In any
not be considered willful misconduct or gross lationship between the conduct of each such coronavirus-related action filed in or re-
negligence. individual or entity and the damages in- moved to a district court of the United
PART III—SUBSTANTIVE AND PROCE- curred by the plaintiff. States—
DURAL PROVISIONS FOR (1) the complaint shall plead with particu-
(3) JOINT LIABILITY FOR SPECIFIC INTENT OR
CORONAVIRUS-RELATED ACTIONS GEN- larity—
FRAUD.—Notwithstanding paragraph (1), in
ERALLY (A) each element of the plaintiff’s claim;
any coronavirus-related action the liability
and
SEC. 2161. JURISDICTION. of a defendant is joint and several if the trier
(B) with respect to a coronavirus exposure
(a) JURISDICTION.—The district courts of of fact specifically determines that the de-
action, all places and persons visited by the
the United States shall have concurrent fendant—
person on whose behalf the complaint was
original jurisdiction of any coronavirus-re- (A) acted with specific intent to injure the
filed and all persons who visited the resi-
lated action. plaintiff; or
dence of the person on whose behalf the com-
(b) REMOVAL.— (B) knowingly committed fraud.
plaint was filed during the 14-day-period be-
(1) IN GENERAL.—A coronavirus-related ac- (4) RIGHT TO CONTRIBUTION NOT AFFECTED.—
fore the onset of the first symptoms alleg-
tion of which the district courts of the Nothing in this subsection affects the right,
edly caused by coronavirus, including—
United States have original jurisdiction under any other law, of a defendant to con-
(i) each individual or entity against which
under subsection (a) that is brought in a tribution with respect to another defendant
a complaint is filed, along with the factual
State or Tribal government court may be re- determined under paragraph (3) to have
basis for the belief that such individual or
moved to a district court of the United acted with specific intent to injure the plain-
entity was a cause of the personal injury al-
States in accordance with section 1446 of tiff or to have knowingly committed fraud.
leged; and
title 28, United States Code, except that— (b) LIMITATIONS ON DAMAGES.—In any (ii) every other person or place visited by
(A) notwithstanding subsection (b)(2)(A) of coronavirus-related action— the person on whose behalf the complaint
such section, such action may be removed by (1) the award of compensatory damages was filed and every other person who visited
any defendant without the consent of all de- shall be limited to economic losses incurred the residence of the person on whose behalf
fendants; and as the result of the personal injury, harm, the complaint was filed during such period,
(B) notwithstanding subsection (b)(1) of damage, breach, or tort, except that the along with the factual basis for the belief
such section, for any cause of action that is court may award damages for noneconomic that these persons and places were not the
a coronavirus-related action that was filed in losses if the trier of fact determines that the cause of the personal injury alleged; and
a State court before the date of enactment of personal injury, harm, damage, breach, or (2) the complaint shall plead with particu-
this Act and that is pending in such court on tort was caused by the willful misconduct of larity each alleged act or omission consti-
such date of enactment, and of which the dis- the individual or entity; tuting gross negligence or willful mis-
trict courts of the United States have origi- (2) punitive damages— conduct that resulted in personal injury,
nal jurisdiction under subsection (a), any de- (A) may be awarded only if the trier of fact harm, damage, breach, or tort.
fendant may file a notice of removal of a determines that the personal injury to the (b) SEPARATE STATEMENTS CONCERNING THE
civil action or proceeding within 30 days of plaintiff was caused by the willful mis- NATURE AND AMOUNT OF DAMAGES AND RE-
the date of enactment of this Act. conduct of the individual or entity; and QUIRED STATE OF MIND.—
(2) PROCEDURE AFTER REMOVAL.—Section (B) may not exceed the amount of compen- (1) NATURE AND AMOUNT OF DAMAGES.—In
1447 of title 28, United States Code, shall satory damages awarded; and any coronavirus-related action filed in or re-
apply to any removal of a case under para- (3) the amount of monetary damages moved to a district court of the United
graph (1), except that, notwithstanding sub- awarded to a plaintiff shall be reduced by the States in which monetary damages are re-
section (d) of such section, a court of appeals amount of compensation received by the quested, there shall be filed with the com-
of the United States shall accept an appeal plaintiff from another source in connection plaint a statement of specific information as
from an order of a district court granting or with the personal injury, harm, damage, to the nature and amount of each element of
denying a motion to remand the case to the breach, or tort, such as insurance or reim- damages and the factual basis for the dam-
State or Tribal government court from bursement by a government. ages calculation.
which it was removed if application is made (c) PREEMPTION AND SUPERSEDURE.— (2) REQUIRED STATE OF MIND.—In any
to the court of appeals of the United States (1) IN GENERAL.—Except as described in coronavirus-related action filed in or re-
not later than 10 days after the entry of the paragraphs (2) and (3), this section preempts moved to a district court of the United
order. and supersedes any Federal, State, or Tribal States in which a claim is asserted on which
SEC. 2162. LIMITATIONS ON SUITS. law, including statutes, regulations, rules, the plaintiff may prevail only on proof that
(a) JOINT AND SEVERAL LIABILITY LIMITA- orders, proclamations, or standards that are the defendant acted with a particular state
TIONS.— enacted, promulgated, or established under of mind, there shall be filed with the com-
(1) IN GENERAL.—An individual or entity common law, related to joint and several li- plaint, with respect to each element of that
against whom a final judgment is entered in ability, proportionate or contributory liabil- claim, a statement of the facts giving rise to
any coronavirus-related action shall be lia- ity, contribution, or the award of damages a strong inference that the defendant acted
ble solely for the portion of the judgment for any coronavirus-related action. with the required state of mind.
that corresponds to the relative and propor- (2) STRICTER LAWS NOT PREEMPTED OR SU- (c) VERIFICATION AND MEDICAL RECORDS.—
ctelli on DSK11ZRN23PROD with Senate
tionate responsibility of that individual or PERSEDED.—Nothing in this section shall be (1) VERIFICATION REQUIREMENT.—
entity. In determining the percentage of re- construed to affect the applicability of any (A) IN GENERAL.—The complaint in a
sponsibility of any defendant, the trier of provision of any Federal, State, or Tribal coronavirus-related action filed in or re-
fact shall determine that percentage as a law that— moved to a district court of the United
percentage of the total fault of all individ- (A) limits the liability of a defendant in a States shall include a verification, made by
uals or entities, including the plaintiff, who coronavirus-related action to a lesser degree affidavit of the plaintiff under oath, stating
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S5454 CONGRESSIONAL RECORD — SENATE September 8, 2020
that the pleading is true to the knowledge of maintained as a class action or multidistrict a pattern or practice of transmitting de-
the deponent, except as to matters specifi- litigation— mands for remuneration in exchange for set-
cally identified as being alleged on informa- (A) an individual or entity shall only be a tling, releasing, waiving, or otherwise not
tion and belief, and that as to those matters member of the class if the individual or enti- pursuing a claim that is, or could be,
the plaintiff believes it to be true. ty affirmatively elects to be a member; and brought as part of a coronavirus-related ac-
(B) IDENTIFICATION OF MATTERS ALLEGED (B) the court, in addition to any other no- tion and that is meritless, the Attorney Gen-
UPON INFORMATION AND BELIEF.—Any matter tice required by applicable Federal or State eral may commence a civil action in any ap-
that is not specifically identified as being al- law, shall direct notice of the action to each propriate district court of the United States.
leged upon the information and belief of the member of the class, which shall include— (2) RELIEF.—In a civil action under para-
plaintiff, shall be regarded for all purposes, (i) a concise and clear description of the graph (1), the court may, to vindicate the
including a criminal prosecution, as having nature of the action; public interest, assess a civil penalty against
been made upon the knowledge of the plain- (ii) the jurisdiction where the case is pend- the respondent in an amount not exceeding
tiff. ing; and $50,000 per transmitted demand for remu-
(2) MATERIALS REQUIRED.—In any (iii) the fee arrangements with class coun- neration in exchange for settling, releasing,
coronavirus-related action filed in or re- sel, including— waiving or otherwise not pursuing a claim
moved to a district court of the United (I) the hourly fee being charged; or that is meritless.
States, the plaintiff shall file with the com- (II) if it is a contingency fee, the percent- (3) DISTRIBUTION OF CIVIL PENALTIES.—If
plaint— age of the final award which will be paid, in- the Attorney General obtains civil penalties
(A) an affidavit by a physician or other cluding an estimate of the total amount that in accordance with paragraph (2), the Attor-
qualified medical expert who did not treat would be paid if the requested damages were ney General shall distribute the proceeds eq-
the person on whose behalf the complaint to be granted; and uitably among those persons aggrieved by
was filed that explains the basis for such (III) if the cost of the litigation is being fi- the respondent’s pattern or practice of trans-
physician’s or other qualified medical ex- nanced, a description of the financing ar- mitting demands for remuneration in ex-
pert’s belief that such person suffered the rangement. change for settling, releasing, waiving or
personal injury, harm, damage, breach, or (2) MULTIDISTRICT LITIGATIONS.— otherwise not pursuing a claim that is
tort alleged in the complaint; and (A) TRIAL PROHIBITION.—In any coordinated meritless.
(B) certified medical records documenting or consolidated pretrial proceedings con- PART IV—RELATION TO LABOR AND
the alleged personal injury, harm, damage, ducted pursuant to section 1407(b) of title 28, EMPLOYMENT LAWS
breach, or tort. United States Code, the judge or judges to SEC. 2181. LIMITATION ON VIOLATIONS UNDER
(d) APPLICATION WITH FEDERAL RULES OF whom coronavirus-related actions are as- SPECIFIC LAWS.
CIVIL PROCEDURE.—This section applies ex- signed by the Judicial Panel on Multidistrict (a) IN GENERAL.—
clusively to any coronavirus-related action Litigation may not conduct a trial in a (1) DEFINITION.—In this subsection, the
filed in or removed to a district court of the coronavirus-related action transferred to or term ‘‘covered Federal employment law’’
United States and, except to the extent that directly filed in the proceedings unless all means any of the following:
this section requires additional information parties to that coronavirus-related action (A) The Occupational Safety and Health
to be contained in or attached to pleadings, consent. Act of 1970 (29 U.S.C. 651 et seq.) (including
nothing in this section is intended to amend (B) REVIEW OF ORDERS.—The court of ap- any standard included in a State plan ap-
or otherwise supersede applicable rules of peals of the United States having jurisdic- proved under section 18 of such Act (29 U.S.C.
Federal civil procedure. tion over the transferee district court shall 667)).
(e) CIVIL DISCOVERY FOR ACTIONS IN DIS- permit an appeal to be taken from any order (B) The Fair Labor Standards Act of 1938
TRICT COURTS OF THE UNITED STATES.— issued in the conduct of coordinated or con- (29 U.S.C. 201 et seq.).
(1) TIMING.—Notwithstanding any other solidated pretrial proceedings conducted pur- (C) The Age Discrimination in Employ-
provision of law, in any coronavirus-related suant to section 1407(b) of title 28, United ment Act of 1967 (29 U.S.C. 621 et seq.).
action filed in or removed to a district court States Code, if the order is applicable to 1 or (D) The Worker Adjustment and Retrain-
of the United States, no discovery shall be more coronavirus-related actions and an im- ing Notification Act (29 U.S.C. 2101 et seq.).
allowed before— mediate appeal from the order may materi- (E) Title VII of the Civil Rights Act of 1964
(A) the time has expired for the defendant ally advance the ultimate termination of 1 (42 U.S.C. 2000e et seq.).
to answer or file a motion to dismiss; and or more coronavirus-related actions in the (F) Title II of the Genetic Information
(B) if a motion to dismiss is filed, the court proceedings. Nondiscrimination Act of 2008 (42 U.S.C.
has ruled on the motion. SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION. 2000ff et seq.).
(2) STANDARD.—Notwithstanding any other (a) CAUSE OF ACTION.—If any person trans- (G) Title I of the Americans with Disabil-
provision of law, the court in any mits or causes another to transmit in any ities Act of 1990 (42 U.S.C. 12111 et seq.).
coronavirus-related action that is filed in or form and by any means a demand for remu- (2) LIMITATION.—Notwithstanding any pro-
removed to a district court of the United neration in exchange for settling, releasing, vision of a covered Federal employment law,
States— waiving, or otherwise not pursuing a claim in any action, proceeding, or investigation
(A) shall permit discovery only with re- that is, or could be, brought as part of a resulting from or related to an actual, al-
spect to matters directly related to material coronavirus-related action, the party receiv- leged, feared, or potential for exposure to
issues contested in the coronavirus-related ing such a demand shall have a cause of ac- coronavirus, or a change in working condi-
action; and tion for the recovery of damages occasioned tions caused by a law, rule, declaration, or
(B) may compel a response to a discovery by such demand and for declaratory judg- order related to coronavirus, an employer
request (including a request for admission, ment in accordance with chapter 151 of title shall not be subject to any enforcement pro-
an interrogatory, a request for production of 28, United States Code, if the claim for which ceeding or liability under any provision of a
documents, or any other form of discovery the letter was transmitted was meritless. covered Federal employment law if the em-
request) under rule 37 of the Federal Rules of (b) DAMAGES.—Damages available under ployer—
Civil Procedure, only if the court finds subsection (a) shall include— (A) was relying on and generally following
that— (1) compensatory damages including costs applicable government standards and guid-
(i) the requesting party needs the informa- incurred in responding to the demand; and ance;
tion sought to prove or defend as to a mate- (2) punitive damages, if the court deter- (B) knew of the obligation under the rel-
rial issue contested in such action; and mines that the defendant had knowledge or evant provision; and
(ii) the likely benefits of a response to such was reckless with regard to the fact that the (C) attempted to satisfy any such obliga-
request equal or exceed the burden or cost claim was meritless. tion by—
for the responding party of providing such (c) ATTORNEY’S FEES AND COSTS.—In an ac- (i) exploring options to comply with such
response. tion commenced under subsection (a), if the obligations and with the applicable govern-
(f) INTERLOCUTORY APPEAL AND STAY OF plaintiff is a prevailing party, the court ment standards and guidance (such as
DISCOVERY.—The courts of appeals of the shall, in addition to any judgment awarded through the use of virtual training or remote
United States shall have jurisdiction of an to a plaintiff, allow a reasonable attorney’s communication strategies);
appeal from a motion to dismiss that is de- fee to be paid by the defendant, and costs of (ii) implementing interim alternative pro-
nied in any coronavirus-related action in a the action. tections or procedures; or
district court of the United States. The dis- (d) JURISDICTION.—The district courts of (iii) following guidance issued by the rel-
trict court shall stay all discovery in such a the United States shall have concurrent evant agency with jurisdiction with respect
coronavirus-related action until the court of original jurisdiction of all claims arising to any exemptions from such obligation.
ctelli on DSK11ZRN23PROD with Senate
appeals has disposed of the appeal. under subsection (a). (b) PUBLIC ACCOMMODATION LAWS.—
(g) CLASS ACTIONS AND MULTIDISTRICT LITI- (e) ENFORCEMENT BY THE ATTORNEY GEN- (1) DEFINITIONS.—In this subsection—
GATION PROCEEDINGS.— ERAL.— (A) the term ‘‘auxiliary aids and services’’
(1) CLASS ACTIONS.—In any coronavirus-re- (1) IN GENERAL.—Whenever the Attorney has the meaning given the term in section 4
lated action that is filed in or removed to a General has reasonable cause to believe that of the Americans with Disabilities Act of
district court of the United States and is any person or group of persons is engaged in 1990 (42 U.S.C. 12103);
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5455
(B) the term ‘‘covered public accommoda- (4) Workplace testing for coronavirus. ‘‘(iii) in the case of a drug—
tion law’’ means— (5) Temporary assistance due to ‘‘(I) meets the requirements for marketing
(i) title III of the Americans with Disabil- coronavirus, including financial assistance under a final administrative order under sec-
ities Act of 1990 (42 U.S.C. 12181 et seq.); or or other health and safety benefits. tion 505G of the Federal Food, Drug, and Cos-
(ii) title II of the Civil Rights Act of 1964 SEC. 2184. EXCLUSION OF CERTAIN NOTIFICA- metic Act; or
(42 U.S.C. 2000a et seq.); TION REQUIREMENTS AS A RESULT ‘‘(II) is marketed in accordance with sec-
(C) the term ‘‘place of public accommoda- OF THE COVID–19 PUBLIC HEALTH tion 505G(a)(3) of such Act.’’.
tion’’ means— EMERGENCY. (b) CLARIFYING MEANS OF DISTRIBUTION.—
(i) a place of public accommodation, as de- (a) DEFINITIONS.—Section 2(a) of the Work- Section 319F–3(a)(5) of the Public Health
fined in section 201 of the Civil Rights Act of er Adjustment and Retraining Notification Service Act (42 U.S.C. 247d–6d(a)(5)) is
1964 (42 U.S.C. 2000a); or Act (29 U.S.C. 2101(a)) is amended— amended by inserting ‘‘by, or in partnership
(ii) a public accommodation, as defined in (1) in paragraph (2), by adding before the with, Federal, State, or local public health
section 301 of the Americans with Disabil- semicolon at the end the following: ‘‘and the officials or the private sector’’ after ‘‘dis-
ities Act of 1990 (42 U.S.C. 12181); and shutdown, if occurring during the covered tribution’’ the first place it appears.
(D) the term ‘‘public health emergency pe- period, is not a result of the COVID–19 na- (c) NO CHANGE TO ADMINISTRATIVE PROCE-
riod’’ means a period designated a public tional emergency’’; DURE ACT APPLICATION TO ENFORCEMENT DIS-
health emergency period by a Federal, State, (2) in paragraph (3)— CRETION EXERCISE.—Section 319F–3 of the
or local government authority. (A) in subparagraph (A), by striking ‘‘and’’ Public Health Service Act (42 U.S.C. 247d–6d)
(2) ACTIONS AND MEASURES DURING A PUBLIC at the end; is amended by adding at the end the fol-
HEALTH EMERGENCY.—
(B) in subparagraph (B), by adding ‘‘and’’ lowing:
(A) IN GENERAL.—Notwithstanding any at the end; and ‘‘(j) RULE OF CONSTRUCTION.—Nothing in
other provision of law or regulation, during (C) by adding at the end the following: this section shall be construed—
any public health emergency period, no per- ‘‘(C) if occurring during the covered period, ‘‘(1) to require use of procedures described
son who owns, leases (or leases to), or oper- is not a result of the COVID–19 national in section 553 of title 5, United States Code,
ates a place of public accommodation shall emergency;’’; for a notice of use of enforcement discretion
be liable under, or found in violation of, any (3) in paragraph (7), by striking ‘‘and’’; for which such procedures are not otherwise
covered public accommodation law for any (4) in paragraph (8), by striking the period required; or
action or measure taken regarding at the end and inserting a semicolon; and ‘‘(2) to affect whether such notice con-
coronavirus and that place of public accom- (5) by adding at the end the following: stitutes final agency action within the
modation, if such person— ‘‘(9) the term ‘covered period’ means the meaning of section 704 of title 5, United
(i) has determined that the significant risk period that— States Code.’’.
of substantial harm to public health or the ‘‘(A) begins on January 1, 2020; and Subtitle C—General Provisions
health of employees cannot be reduced or ‘‘(B) ends 90 days after the last date of the SEC. 2301. SEVERABILITY.
eliminated by reasonably modifying policies, COVID–19 national emergency; and
If any provision of this title, an amend-
practices, or procedures, or the provision of ‘‘(10) the term ‘COVID–19 national emer-
ment made by this title, or the application
an auxiliary aid or service; or gency’ means the national emergency de-
of such a provision or amendment to any
(ii) has offered such a reasonable modifica- clared by the President under the National
person or circumstance is held to be uncon-
tion or auxiliary aid or service but such offer Emergencies Act (50 U.S.C. 1601 et seq.) with
stitutional, the remaining provisions of and
has been rejected by the individual protected respect to the Coronavirus Disease 2019
amendments made by this title, as well as
by the covered law. (COVID–19).’’.
(b) EXCLUSION FROM DEFINITION OF EMPLOY- the application of such provision or amend-
(B) REQUIRED WAIVER PROHIBITED.—For pur- ment to any person other than the parties to
MENT LOSS.—Section 2(b) of the Worker Ad-
poses of this subsection, no person who owns, the action holding the provision or amend-
justment and Retraining Notification Act (29
leases (or leases to), or operates a place of ment to be unconstitutional, or to any cir-
U.S.C. 2101(b)) is amended by adding at the
public accommodation shall be required to cumstances other than those presented in
end the following:
waive any measure, requirement, or rec- such action, shall not be affected thereby.
‘‘(3) Notwithstanding subsection (a)(6), dur-
ommendation that has been adopted in ac- TITLE III—ASSISTANCE FOR AMERICAN
ing the covered period an employee may not
cordance with a requirement or rec- FAMILIES
be considered to have experienced an em-
ommendation issued by the Federal Govern-
ployment loss if the termination, layoff ex- SEC. 3001. SHORT TITLE.
ment or any State or local government with
ceeding 6 months, or reduction in hours of This title may be cited as the ‘‘Continued
regard to coronavirus, in order to offer such
work of more than 50 percent during each Financial Relief to Americans Act of 2020’’.
a reasonable modification or auxiliary aids
month of any 6-month period involved is a SEC. 3002. EXTENSION OF THE FEDERAL PAN-
and services.
result of the COVID–19 national emer- DEMIC UNEMPLOYMENT COMPENSA-
SEC. 2182. LIABILITY FOR CONDUCTING TESTING TION PROGRAM.
gency.’’.
AT WORKPLACE.
Subtitle B—Products (a) EXTENSION.—Section 2104(e)(2) of divi-
Notwithstanding any other provision of sion A of the CARES Act (15 U.S.C. 9023(e)(2))
Federal, State, or local law, an employer, or SEC. 2201. APPLICABILITY OF THE TARGETED LI-
ABILITY PROTECTIONS FOR PAN- is amended by striking ‘‘July 31, 2020’’ and
other person who hires or contracts with
DEMIC AND EPIDEMIC PRODUCTS inserting ‘‘December 27, 2020’’.
other individuals to provide services, that (b) AMOUNT.—
AND SECURITY COUNTERMEASURES
conducts tests for coronavirus on the em- WITH RESPECT TO COVID–19. (1) IN GENERAL.—Section 2104(b) of division
ployees of the employer or persons hired or
(a) IN GENERAL.—Section 319F–3(i)(1) of the A of the CARES Act (15 U.S.C. 9023(b)) is
contracted to provide services shall not be
Public Health Service Act (42 U.S.C. 247d– amended—
liable for any action or personal injury di-
6d(i)(1)) is amended— (A) in paragraph (1)(B), by striking ‘‘of
rectly resulting from such testing, except for
(1) in subparagraph (C), by striking ‘‘; or’’ $600’’ and inserting ‘‘equal to the amount
those personal injuries caused by the gross
negligence or intentional misconduct of the and inserting a semicolon; specified in paragraph (3)’’; and
employer or other person. (2) in subparagraph (D), by striking the pe- (B) by adding at the end the following new
SEC. 2183. JOINT EMPLOYMENT AND INDE-
riod and inserting ‘‘; or’’; and paragraph:
PENDENT CONTRACTING. (3) by adding at the end the following: ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-
Notwithstanding any other provision of ‘‘(E) a drug (as such term is defined in sec- PLOYMENT COMPENSATION.—The amount spec-
Federal or State law, including any covered tion 201(g)(1) of the Federal Food, Drug, and ified in this paragraph is the following
Federal employment law (as defined in sec- Cosmetic Act), biological product (including amount:
tion 2181(a)), the Labor Management Rela- a vaccine) (as such term is defined in section ‘‘(A) For weeks of unemployment begin-
tions Act, 1947 (29 U.S.C. 141 et seq.), the Em- 351(i)), or device (as such term is defined in ning after the date on which an agreement is
ployment Retirement Income Security Act section 201(h) of the Federal Food, Drug, and entered into under this section and ending
of 1974 (29 U.S.C. 1001 et seq.), and the Family Cosmetic Act) that— on or before July 31, 2020, $600.
and Medical Leave Act of 1993 (29 U.S.C. 2601 ‘‘(i) is the subject of a notice of use of en- ‘‘(B) For weeks of unemployment begin-
et seq.), it shall not constitute evidence of a forcement discretion issued by the Secretary ning after the last week under subparagraph
joint employment relationship or employ- if such drug, biological product, or device is (A) and ending on or before December 27,
ment relationship for any employer to pro- used— 2020, $300.’’.
vide or require, for an employee of another ‘‘(I) when such notice is in effect; (2) TECHNICAL AMENDMENT REGARDING AP-
employer or for an independent contractor, ‘‘(II) within the scope of such notice; and PLICATION TO SHORT-TIME COMPENSATION PRO-
any of the following: ‘‘(III) in compliance with other applicable GRAMS AND AGREEMENTS.—Section 2104(i)(2)
ctelli on DSK11ZRN23PROD with Senate
(1) Coronavirus-related policies, proce- requirements of the Federal Food, Drug, and of division A of the CARES Act (15 U.S.C.
dures, or training. Cosmetic Act that are not the subject of 9023(i)(2)) is amended—
(2) Personal protective equipment or train- such notice; (A) in subparagraph (C), by striking ‘‘and’’
ing for the use of such equipment. ‘‘(ii) in the case of a device, is exempt from at the end;
(3) Cleaning or disinfecting services or the the requirement under section 510(k) of the (B) in subparagraph (D), by striking the pe-
means for such cleaning or disinfecting. Federal Food, Drug, and Cosmetic Act; or riod at the end and inserting ‘‘; and’’; and
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S5456 CONGRESSIONAL RECORD — SENATE September 8, 2020
(C) by adding at the end the following: (vi) by inserting after paragraph (4), as so ture, any payment on any covered property
‘‘(E) short-time compensation under sec- redesignated, the following: damage cost, any payment on any covered
tion 2108 or 2109.’’. ‘‘(5) the term ‘covered property damage supplier cost, any payment on any covered
(c) EXTENSION OF ENHANCED BENEFITS cost’ means a cost related to property dam- worker protection expenditure,’’ after ‘‘rent
UNDER THE RAILROAD UNEMPLOYMENT INSUR- age and vandalism or looting due to public obligation,’’; and
ANCE ACT.—Section 2(a)(5)(A) of the Railroad disturbances that occurred during 2020 that (D) in subsection (e)—
Unemployment Insurance Act (45 U.S.C. was not covered by insurance or other com- (i) in paragraph (2), by inserting ‘‘pay-
352(a)(5)(A)) is amended by inserting after pensation;’’; ments on covered operations expenditures,
the first sentence the following new sen- (vii) by inserting after paragraph (6), as so payments on covered property damage costs,
tence: ‘‘Notwithstanding paragraph (3), sub- redesignated, the following: payments on covered supplier costs, pay-
section (c)(1)(B), and any other limitation on ‘‘(5) the term ‘covered supplier cost’ means ments on covered worker protection expendi-
total benefits in this Act, for registration pe- an expenditure made by an entity to a sup- tures,’’ after ‘‘lease obligations,’’; and
riods beginning after July 31, 2020, but on or plier of goods pursuant to a contract in ef- (ii) in paragraph (3)(B), by inserting ‘‘make
before December 27, 2020, a recovery benefit fect before February 15, 2020 for the supply of payments on covered operations expendi-
in the amount of $600 shall be payable with goods that are essential to the operations of tures, make payments on covered property
respect to a qualified employee for a period the entity at the time at which the expendi- damage costs, make payments on covered
in which the individual received unemploy- ture is made;’’; supplier costs, make payments on covered
ment benefits under paragraph (1)(A).’’. (viii) by inserting after paragraph (8), as so worker protection expenditures,’’ after ‘‘rent
(d) EFFECTIVE DATE.—The amendments redesignated, the following: obligation,’’.
made by this section shall take effect as if ‘‘(9) the term ‘covered worker protection (e) LENDER SAFE HARBOR.—Subsection (h)
included in the enactment of the CARES Act expenditure’— of section 1106 of the CARES Act (15 U.S.C.
(15 U.S.C. 9001 note). ‘‘(A) means an operating or a capital ex- 9005) is amended to read as follows:
TITLE IV—SMALL BUSINESS PROGRAMS penditure that is required to facilitate the ‘‘(h) HOLD HARMLESS.—
adaptation of the business activities of an ‘‘(1) IN GENERAL.—A lender may rely on
SEC. 4001. SMALL BUSINESS RECOVERY.
entity to comply with requirements estab- any certification or documentation sub-
(a) SHORT TITLE.—This section may be lished or guidance issued by the Department
cited as the ‘‘Continuing the Paycheck Pro- mitted by an applicant for a covered loan or
of Health and Human Services, the Centers an eligible recipient of a covered loan that—
tection Program Act’’. for Disease Control, or the Occupational
(b) DEFINITIONS.—In this section: ‘‘(A) is submitted pursuant to any statu-
Safety and Health Administration during the
(1) ADMINISTRATION; ADMINISTRATOR.—The tory requirement relating to covered loans
period beginning on March 1, 2020 and ending
terms ‘‘Administration’’ and ‘‘Adminis- or any rule or guidance issued to carry out
December 31, 2020 related to the maintenance
trator’’ mean the Small Business Adminis- any action relating to covered loans; and
of standards for sanitation, social
tration and the Administrator thereof, re- ‘‘(B) attests that the applicant or eligible
distancing, or any other worker or customer
spectively. recipient, as applicable, has accurately
safety requirement related to COVID–19;
(2) SMALL BUSINESS CONCERN.—The term verified any certification or documentation
‘‘(B) may include—
‘‘small business concern’’ has the meaning provided to the lender.
‘‘(i) the purchase, maintenance, or renova-
given the term in section 3 of the Small ‘‘(2) NO ENFORCEMENT ACTION.—With re-
tion of assets that create or expand—
Business Act (15 U.S.C. 632). spect to a lender that relies on a certifi-
‘‘(I) a drive-through window facility;
(c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(II) an indoor, outdoor, or combined air or cation or documentation described in para-
Not later than 30 days after the date of en- air pressure ventilation or filtration system; graph (1)—
actment of this Act, the Administrator shall ‘‘(III) a physical barrier such as a sneeze ‘‘(A) an enforcement action may not be
issue regulations to carry out this section guard; taken against the lender acting in good faith
and the amendments made by this section ‘‘(IV) an indoor, outdoor, or combined com- relating to origination or forgiveness of a
without regard to the notice requirements mercial real property; covered loan based on such reliance; and
under section 553(b) of title 5, United States ‘‘(V) an onsite or offsite health screening ‘‘(B) the lender acting in good faith shall
Code. capability; or not be subject to any penalties relating to
(d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(VI) other assets relating to the compli- origination or forgiveness of a covered loan
(1) ALLOWABLE USE OF PPP LOAN.—Section ance with the requirements or guidance de- based on such reliance.’’.
7(a)(36)(F)(i) of the Small Business Act (15 scribed in subparagraph (A), as determined (f) SELECTION OF COVERED PERIOD FOR FOR-
U.S.C. 636(a)(36)(F)(i)) is amended— by the Administrator in consultation with GIVENESS.—Section 1106 of the CARES Act
(A) in subclause (VI), by striking ‘‘and’’ at the Secretary of Health and Human Services (15 U.S.C. 9005) is amended—
the end; and the Secretary of Labor; and (1) by amending paragraph (4) of subsection
(B) in subclause (VII), by striking the pe- ‘‘(ii) the purchase of— (a), as so redesignated by subsection (d) of
riod at the end and inserting a semicolon; ‘‘(I) covered materials described in section this section, to read as follows:
and 328.103(a) of title 44, Code of Federal Regula- ‘‘(4) the term ‘covered period’ means the
(C) by adding at the end the following: tions, or any successor regulation; period—
‘‘(VIII) covered operations expenditures, as ‘‘(II) particulate filtering facepiece res- ‘‘(A) beginning on the date of the origina-
defined in section 1106(a) of the CARES Act pirators approved by the National Institute tion of a covered loan; and
(15 U.S.C. 9005(a)); for Occupational Safety and Health, includ- ‘‘(B) ending on a date selected by the eligi-
‘‘(IX) covered property damage costs, as ing those approved only for emergency use ble recipient of the covered loan that occurs
defined in such section 1106(a); authorization; or during the period—
‘‘(X) covered supplier costs, as defined in ‘‘(III) other kinds of personal protective ‘‘(i) beginning on the date that is 8 weeks
such section 1106(a); and equipment, as determined by the Adminis- after such date of origination; and
‘‘(XI) covered worker protection expendi- trator in consultation with the Secretary of ‘‘(ii) ending on December 31, 2020;’’; and
tures, as defined in such section 1106(a).’’. Health and Human Services and the Sec- (2) by striking subsection (l).
(2) LOAN FORGIVENESS.—Section 1106 of the retary of Labor; and (g) SIMPLIFIED APPLICATION.—Section 1106
CARES Act (15 U.S.C. 9005) is amended— ‘‘(C) does not include residential real prop- of the CARES Act (15 U.S.C. 9005), as amend-
(A) in subsection (a)— erty or intangible property;’’; and ed by subsection (f) of this section, is amend-
(i) by redesignating paragraphs (6), (7), and (ix) in paragraph (11), as so redesignated— ed—
(8) as paragraphs (10), (11), and (12), respec- (I) in subparagraph (C), by striking ‘‘and’’ (1) in subsection (e), in the matter pre-
tively; at the end; ceding paragraph (1), by striking ‘‘An eligi-
(ii) by redesignating paragraph (5) as para- (II) in subparagraph (D), by striking ‘‘and’’ ble’’ and inserting ‘‘Except as provided in
graph (8); at the end; and subsection (l), an eligible’’;
(iii) by redesignating paragraph (4) as para- (III) by adding at the end the following: (2) in subsection (f), by inserting ‘‘or the
graph (6); ‘‘(E) covered operations expenditures; information required under subsection (l), as
(iv) by redesignating paragraph (3) as para- ‘‘(F) covered property damage costs; applicable’’ after ‘‘subsection (e)’’; and
graph (4); ‘‘(G) covered supplier costs; and (3) by adding at the end the following:
(v) by inserting after paragraph (2) the fol- ‘‘(H) covered worker protection expendi- ‘‘(l) SIMPLIFIED APPLICATION.—
lowing: tures; and’’; ‘‘(1) COVERED LOANS UNDER $150,000.—
‘‘(3) the term ‘covered operations expendi- (B) in subsection (b), by adding at the end ‘‘(A) IN GENERAL.—Notwithstanding sub-
ture’ means a payment for any business soft- the following: section (e), with respect to a covered loan
ware or cloud computing service that facili- ‘‘(5) Any covered operations expenditure. made to an eligible recipient that is not
ctelli on DSK11ZRN23PROD with Senate
tates business operations, product or service ‘‘(6) Any covered property damage cost. more than $150,000, the covered loan amount
delivery, the processing, payment, or track- ‘‘(7) Any covered supplier cost. shall be forgiven under this section if the eli-
ing of payroll expenses, human resources, ‘‘(8) Any covered worker protection ex- gible recipient—
sales and billing functions, or accounting or penditure.’’; ‘‘(i) signs and submits to the lender a one-
tracking of supplies, inventory, records and (C) in subsection (d)(8), by inserting ‘‘any page online or paper form, to be established
expenses;’’; payment on any covered operations expendi- by the Administrator not later than 7 days
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5457
after the date of enactment of the Con- ‘‘(ii) in the case of fraud, ineligibility, or ‘‘(aa)(AA) with respect to a business con-
tinuing the Paycheck Protection Program other material noncompliance with applica- cern, would qualify as a small business con-
Act, that— ble loan or loan forgiveness requirements, cern by the annual receipts size standard (if
‘‘(I) reports the amount of the covered loan modify— applicable) established by section 121.201 of
amount spent by the eligible recipient— ‘‘(I) the amount of a covered loan described title 13, Code of Federal Regulations, or any
‘‘(aa) on payroll costs; and in subparagraph (A); or successor regulation; or
‘‘(bb) on the sum of— ‘‘(II) the loan forgiveness amount with re- ‘‘(BB) if the entity does not qualify as a
‘‘(AA) payments of interest on any covered spect to a covered loan described in subpara- small business concern, meets the alter-
mortgage obligation (which shall not include graph (A). native size standard established under sec-
any prepayment of or payment of principal ‘‘(3) AUDIT PLAN.— tion 3(a)(5);
on a covered mortgage obligation); ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(bb) employs not more than 300 employ-
‘‘(BB) payments on any covered rent obli- after the date of enactment of the Con- ees; and
gation; tinuing the Paycheck Protection Program
‘‘(cc)(AA) except as provided in subitems
‘‘(CC) covered utility payments; Act, the Administrator shall submit to the
(BB), (CC), and (DD), had gross receipts dur-
‘‘(DD) covered operations expenditures; Committee on Small Business and Entrepre-
ing the first or second quarter in 2020 that
‘‘(EE) covered property damage costs; neurship of the Senate and the Committee
‘‘(FF) covered supplier costs; and on Small Business of the House of Represent- are not less than 35 percent less than the
‘‘(GG) covered worker protection expendi- atives an audit plan that details— gross receipts of the entity during the same
tures; and ‘‘(i) the policies and procedures of the Ad- quarter in 2019;
‘‘(II) attests that the eligible recipient ministrator for conducting reviews and au- ‘‘(BB) if the entity was not in business dur-
made a good faith effort to comply with the dits of covered loans; and ing the first or second quarter of 2019, but
requirements under section 7(a)(36) of the ‘‘(ii) the metrics that the Administrator was in business during the third and fourth
Small Business Act (15 U.S.C. 636(a)(36)); and shall use to determine which covered loans quarter of 2019, had gross receipts during the
‘‘(ii) retains records relevant to the form will be audited for each category of covered first or second quarter of 2020 that are less
that prove compliance with those require- loans described in paragraphs (1) and (2). than 35 percent of the amount of the gross
ments— ‘‘(B) REPORTS.—Not later than 30 days receipts of the entity during the third or
‘‘(I) with respect to employment records, after the date on which the Administrator fourth quarter of 2019;
for the 4-year period following submission of submits the audit plan required under sub- ‘‘(CC) if the entity was not in business dur-
the form; and paragraph (A), and each month thereafter, ing the first, second, or third quarter of 2019,
‘‘(II) with respect to other records, for the the Administrator shall submit to the Com- but was in business during the fourth quarter
3-year period following submission of the mittee on Small Business and Entrepreneur- of 2019, had gross receipts during the first or
form. ship of the Senate and the Committee on second quarter of 2020 that are less than 35
‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- Small Business of the House of Representa- percent of the amount of the gross receipts
ble recipient of a covered loan described in tives a report on the review and audit activi- of the entity during the fourth quarter of
subparagraph (A) may complete and submit ties of the Administrator under this sub- 2019; or
any form related to borrower demographic section, which shall include— ‘‘(DD) if the entity was not in business dur-
information. ‘‘(i) the number of active reviews and au- ing 2019, but was in operation on February
‘‘(C) AUDIT.—The Administrator may— dits; 15, 2020, had gross receipts during the second
‘‘(i) review and audit covered loans de- ‘‘(ii) the number of reviews and audits that quarter of 2020 that are less than 35 percent
scribed in subparagraph (A); and have been ongoing for more than 60 days; and of the amount of the gross receipts of the en-
‘‘(ii) in the case of fraud, ineligibility, or ‘‘(iii) any substantial changes made to the tity during the first quarter of 2020;
other material noncompliance with applica- audit plan submitted under subparagraph ‘‘(II) includes an organization described in
ble loan or loan forgiveness requirements, (A).’’. subparagraph (D)(vii) of paragraph (36) that
modify— (h) GROUP INSURANCE PAYMENTS AS PAY- is eligible to receive a loan under that para-
‘‘(I) the amount of a covered loan described ROLL COSTS.—Section graph and that meets the requirements de-
in subparagraph (A); or 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- scribed in items (aa) and (cc) of subclause (I);
‘‘(II) the loan forgiveness amount with re- ness Act (15 U.S.C. and
spect to a covered loan described in subpara- 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by ‘‘(III) does not include—
graph (A). inserting ‘‘and other group insurance’’ before ‘‘(aa) an issuer, the securities of which are
‘‘(2) COVERED LOANS BETWEEN $150,000 AND ‘‘benefits’’. listed on an exchange registered a national
$2,000,000.— (i) PAYCHECK PROTECTION PROGRAM SECOND
securities exchange under section 6 of the
‘‘(A) IN GENERAL.—Notwithstanding sub- DRAW LOANS.—Section 7(a) of the Small
Securities Exchange Act of 1934 (15 U.S.C.
section (e), with respect to a covered loan Business Act (15 U.S.C. 636(a)) is amended by
adding at the end the following: 78f);
made to an eligible recipient that is more
‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- ‘‘(bb) any entity that—
than $150,000 and not more than $2,000,000—
OND DRAW LOANS.—
‘‘(AA) is a type of business concern de-
‘‘(i) the eligible recipient seeking loan for-
giveness under this section— ‘‘(A) DEFINITIONS.—In this paragraph— scribed in subsection (b), (c), (d), (e), (f), (h),
‘‘(I) is not required to submit the sup- ‘‘(i) the terms ‘community financial insti- (l) (m), (p), (q), (r), or (s) of section 120.110 of
porting documentation described in para- tutions’, ‘credit union’, ‘eligible self-em- title 13, Code of Federal Regulations, or any
graph (1) or (2) of subsection (e) or the cer- ployed individual’, ‘insured depository insti- successor regulation;
tification described in subsection (e)(3)(A); tution’, ‘nonprofit organization’, ‘payroll ‘‘(BB) is a type of business concern de-
‘‘(II) shall retain— costs’, ‘seasonal employer’, and ‘veterans or- scribed in section 120.110(g) of title 13, Code
‘‘(aa) all employment records relevant to ganization’ have the meanings given those of Federal Regulations, or any successor reg-
the application for loan forgiveness for the 4- terms in paragraph (36), except that ‘eligible ulation, except as otherwise provided in the
year period following submission of the ap- entity’ shall be substituted for ‘eligible re- interim final rule of the Administration en-
plication; and cipient’ each place it appears in the defini- titled ‘Business Loan Program Temporary
‘‘(bb) all other supporting documentation tions of those terms; Changes; Paycheck Protection Program—Ad-
relevant to the application for loan forgive- ‘‘(ii) the term ‘covered loan’ means a loan ditional Eligibility Criteria and Require-
ness for the 3-year period following submis- made under this paragraph; ments for Certain Pledges of Loans’ (85 Fed.
sion of the application; and ‘‘(iii) the terms ‘covered mortgage obliga- Reg. 21747 (April 20, 2020));
‘‘(III) may complete and submit any form tion’, ‘covered operating expenditure’, ‘cov- ‘‘(CC) is a type of business concern de-
related to borrower demographic informa- ered property damage cost’, ‘covered rent ob- scribed in section 120.110(i) of title 13, Code of
tion; ligation’, ‘covered supplier cost’, ‘covered Federal Regulations, or any successor regu-
‘‘(ii) review by the lender of an application utility payment’, and ‘covered worker pro- lation, except if the business concern is an
submitted by the eligible recipient for loan tection expenditure’ have the meanings organization described in paragraph
forgiveness under this section shall be lim- given those terms in section 1106(a) of the (36)(D)(vii);
ited to whether the lender received a com- CARES Act (15 U.S.C. 9005(a)); ‘‘(DD) is a type of business concern de-
plete application, with all fields completed, ‘‘(iv) the term ‘covered period’ means the scribed in section 120.110(j) of title 13, Code of
initialed, or signed, as applicable; and period beginning on the date of the origina- Federal Regulations, or any successor regu-
‘‘(iii) the lender shall— tion of a covered loan and ending on Decem- lation, except as otherwise provided in the
‘‘(I) accept the application submitted by ber 31, 2020; interim final rules of the Administration en-
the eligible recipient for loan forgiveness ‘‘(v) the term ‘eligible entity’— titled ‘Business Loan Program Temporary
ctelli on DSK11ZRN23PROD with Senate
under this section; and ‘‘(I) means any business concern, nonprofit Changes; Paycheck Protection Program—
‘‘(II) submit the application to the Admin- organization, veterans organization, Tribal Eligibility of Certain Electric Cooperatives’
istrator. business concern, eligible self-employed indi- (85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi-
‘‘(B) AUDIT.—The Administrator may— vidual, sole proprietor, independent con- ness Loan Program Temporary Changes;
‘‘(i) review and audit covered loans de- tractor, or small agricultural cooperative Paycheck Protection Program—Eligibility
scribed in subparagraph (A); and that— of Certain Telephone Cooperatives’ (85 Fed.
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S5458 CONGRESSIONAL RECORD — SENATE September 8, 2020
Reg. 35550 (June 11, 2020)) or any other guid- roll costs incurred or paid by the eligible en- ‘‘(IV) any contribution of property other
ance or rule issued or that may be issued by tity— than money, stocks, bonds, and other securi-
the Administrator; ‘‘(AA) for a 12-week period beginning Feb- ties, provided that the non-cash contribution
‘‘(EE) is a type of business concern de- ruary 15, 2019 or March 1, 2019 and ending is not sold by the organization in a trans-
scribed in section 120.110(n) of title 13, Code June 30, 2019; or action unrelated to the tax-exempt purpose
of Federal Regulations, or any successor reg- ‘‘(BB) for a consecutive 12-week period be- of the organization.
ulation, except as otherwise provided in the tween May 1, 2019 and September 15, 2019; by ‘‘(H) LOAN FORGIVENESS.—
interim final rule of the Administration en- ‘‘(bb) 2.5; or ‘‘(i) IN GENERAL.—Except as otherwise pro-
titled ‘Business Loan Program Temporary ‘‘(II) $2,000,000. vided in this subparagraph, an eligible entity
Changes; Paycheck Protection Program—Ad- ‘‘(iii) NEW ENTITIES.—The maximum shall be eligible for forgiveness of indebted-
ditional Eligibility Revisions to First In- amount of a covered loan made to an eligible ness on a covered loan in the same manner
terim Final Rule’ (85 Fed. Reg. 38301 (June entity that did not exist during the 1-year as an eligible recipient with respect to a loan
26, 2020)) or any other guidance or rule issued period preceding February 15, 2020 is the less- made under paragraph (36), as described in
or that may be issued by the Administrator; er of— section 1106 of the CARES Act (15 U.S.C.
‘‘(FF) is a type of business concern de- ‘‘(I) the product obtained by multiplying— 9005).
scribed in section 120.110(o) of title 13, Code ‘‘(aa) the quotient obtained by dividing— ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en-
of Federal Regulations, or any successor reg- ‘‘(AA) the sum of the total monthly pay- tity shall be eligible for forgiveness of in-
ulation, except as otherwise provided in any ments by the eligible entity for payroll costs debtedness on a covered loan in an amount
paid or incurred by the eligible entity as of equal to the sum of the following costs in-
guidance or rule issued or that may be issued
the date on which the eligible entity applies curred or expenditures made during the cov-
by the Administrator; or
for the covered loan; by ered period:
‘‘(GG) is an entity that would be described
‘‘(BB) the number of months in which ‘‘(I) Payroll costs.
in the subsections listed in subitems (AA)
those payroll costs were paid or incurred; by ‘‘(II) Any payment of interest on any cov-
through (FF) if the entity were a business
‘‘(bb) 2.5; or ered mortgage obligation (which shall not in-
concern; or
‘‘(II) $2,000,000. clude any prepayment of or payment of prin-
‘‘(HH) is assigned, or was approved for a
‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With cipal on a covered mortgage obligation).
loan under paragraph (36) with, a North respect to an eligible entity with more than ‘‘(III) Any covered operations expenditure.
American Industry Classification System 1 physical location, the total amount of all ‘‘(IV) Any covered property damage cost.
code beginning with 52; covered loans shall be not more than ‘‘(V) Any payment on any covered rent ob-
‘‘(cc) any business concern or entity pri- $2,000,000. ligation.
marily engaged in political or lobbying ac- ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ‘‘(VI) Any covered utility payment.
tivities, which shall include any entity that entity may only receive 1 covered loan. ‘‘(VII) Any covered supplier cost.
is organized for research or for engaging in ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ‘‘(VIII) Any covered worker protection ex-
advocacy in areas such as public policy or AMOUNT.—The maximum aggregate loan penditure.
political strategy or otherwise describes amount of loans guaranteed under this sub- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL
itself as a think tank in any public docu- section that are approved for an eligible en- ELIGIBLE ENTITIES.—The forgiveness amount
ments; or tity (including any affiliates) within 90 days under this subparagraph shall be equal to the
‘‘(dd) any business concern or entity— of approval of another loan under this sub- lesser of—
‘‘(AA) for which an entity created in or or- section for the eligible entity (including any ‘‘(I) the amount described in clause (ii);
ganized under the laws of the People’s Re- affiliates) shall not exceed $10,000,000. and
public of China or the Special Administra- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- ‘‘(II) the amount equal to the quotient ob-
tive Region of Hong Kong, or that has sig- CATION REQUIREMENTS.—An eligible entity tained by dividing—
nificant operations in the People’s Republic applying for a covered loan shall not be re- ‘‘(aa) the amount of the covered loan used
of China or the Special Administrative Re- quired to make the certification described in for payroll costs during the covered period;
gion of Hong Kong, owns or holds, directly or subclause (III) or (IV) of paragraph (36)(G)(i). and
indirectly, not less than 20 percent of the ‘‘(E) FEE WAIVER.—With respect to a cov- ‘‘(bb) 0.60.
economic interest of the business concern or ered loan— ‘‘(I) LENDER ELIGIBILITY.—Except as other-
entity, including as equity shares or a cap- ‘‘(i) in lieu of the fee otherwise applicable wise provided in this paragraph, a lender ap-
ital or profit interest in a limited liability under paragraph (23)(A), the Administrator proved to make loans under paragraph (36)
company or partnership; or shall collect no fee; and may make covered loans under the same
‘‘(BB) that retains, as a member of the ‘‘(ii) in lieu of the fee otherwise applicable terms and conditions as in paragraph (36).
board of directors of the business concern, a under paragraph (18)(A), the Administrator ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING
person who is a resident of the People’s Re- shall collect no fee. AND SERVICING.—The Administrator shall re-
public of China; ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- imburse a lender authorized to make a cov-
‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- GANIZATIONS.— ered loan in an amount that is—
curity’ have the meanings given those terms ‘‘(i) SENSE OF CONGRESS.—It is the sense of ‘‘(i) 3 percent of the principal amount of
in section 3(a) of the Securities Exchange Congress that the interim final rule of the the financing of the covered loan up to
Act of 1934 (15 U.S.C. 78c(a)); and Administration entitled ‘Business Loan Pro- $350,000; and
‘‘(vii) the term ‘Tribal business concern’ gram Temporary Changes; Paycheck Protec- ‘‘(ii) 1 percent of the principal amount of
means a Tribal business concern described in tion Program’ (85 Fed. Reg. 20817 (April 15, the financing of the covered loan above
section 31(b)(2)(C). 2020)) properly clarified the eligibility of $350,000, if applicable.
‘‘(B) LOANS.—Except as otherwise provided churches and religious organizations for ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not
in this paragraph, the Administrator may loans made under paragraph (36). less than $25,000,000,000 of the total amount
guarantee covered loans to eligible entities ‘‘(ii) APPLICABILITY OF PROHIBITION.—The of covered loans guaranteed by the Adminis-
under the same terms, conditions, and proc- prohibition on eligibility established by sec- trator shall be made to eligible entities with
esses as a loan made under paragraph (36). tion 120.110(k) of title 13, Code of Federal not more than 10 employees as of February
‘‘(C) MAXIMUM LOAN AMOUNT.— Regulations, or any successor regulation, 15, 2020.
‘‘(i) IN GENERAL.—Except as otherwise pro- shall not apply to a covered loan. ‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL
vided in this subparagraph, the maximum ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND INSTITUTIONS, SMALL INSURED DEPOSITORY IN-
amount of a covered loan made to an eligible VETERANS ORGANIZATIONS.—For purposes of STITUTIONS, CREDIT UNIONS, AND FARM CREDIT
entity is the lesser of— calculating gross receipts under subpara- SYSTEM INSTITUTIONS.—Not less than
‘‘(I) the product obtained by multiplying— graph (A)(v)(I)(cc) for an eligible entity that $10,000,000,000 of the total amount of covered
‘‘(aa) at the election of the eligible entity, is a nonprofit organization, a veterans orga- loans guaranteed by the Administrator shall
the average total monthly payment for pay- nization, or an organization described in sub- be made by—
roll costs incurred or paid by the eligible en- paragraph (A)(v)(II), gross receipts— ‘‘(i) community financial institutions;
tity during— ‘‘(i) shall include proceeds from fund- ‘‘(ii) insured depository institutions with
‘‘(AA) the 1-year period before the date on raising events, federated campaigns, gifts, consolidated assets of less than
which the loan is made; or donor-advised funds, and funds from similar $10,000,000,000;
‘‘(BB) calendar year 2019; by sources; and ‘‘(iii) credit unions with consolidated as-
‘‘(bb) 2.5; or ‘‘(ii) shall not include— sets of less than $10,000,000,000; and
‘‘(II) $2,000,000. ‘‘(I) Federal grants (excluding any loan for- ‘‘(iv) institutions of the Farm Credit Sys-
‘‘(ii) SEASONAL EMPLOYERS.—The maximum giveness on loans received under paragraph tem chartered under the Farm Credit Act of
ctelli on DSK11ZRN23PROD with Senate
amount of a covered loan made to an eligible (36) or this paragraph); 1971 (12 U.S.C. 2001 et seq.) with consolidated
entity that is a seasonal employer is the ‘‘(II) revenues from a supporting organiza- assets of less than $10,000,000,000 (not includ-
lesser of— tion; ing the Federal Agricultural Mortgage Cor-
‘‘(I) the product obtained by multiplying— ‘‘(III) grants from private foundations that poration).
‘‘(aa) at the election of the eligible entity, are disbursed over the course of more than 1 ‘‘(M) PUBLICATION OF GUIDANCE.—Not later
the average total monthly payments for pay- calendar year; or than 10 days after the date of enactment of
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5459
this paragraph, the Administrator shall issue ‘‘(I) operates as a sole proprietorship or as (including regulations issued under those
guidance addressing barriers to accessing an independent contractor, or is an eligible sections) shall not apply.
capital for minority, underserved, veteran, self-employed individual; (C) RISK WEIGHT.—
and women-owned business concerns for the ‘‘(II) reports farm income or expenses on a (i) IN GENERAL.—With respect to the appli-
purpose of ensuring equitable access to cov- Schedule F (or any equivalent successor cation of Farm Credit Administration cap-
ered loans. schedule); and ital requirements, a loan described in clause
‘‘(N) STANDARD OPERATING PROCEDURE.— ‘‘(III) was in business during the period be- (ii)—
The Administrator shall, to the maximum ginning on February 15, 2019 and ending on (I) shall receive a risk weight of zero per-
extent practicable, allow a lender approved June 30, 2019. cent; and
to make covered loans to use existing pro- ‘‘(ii) NO EMPLOYEES.—With respect to cov- (II) shall not be included in the calculation
gram guidance and standard operating proce- ered recipient without employees, the max- of any applicable leverage ratio or other ap-
dures for loans made under this subsection. imum covered loan amount shall be the less- plicable capital ratio or calculation.
‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR er of— (ii) LOANS DESCRIBED.—A loan referred to
LOBBYING ACTIVITIES.—None of the proceeds ‘‘(I) the sum of— in clause (i) is—
of a covered loan may be used for— ‘‘(aa) the product obtained by multi- (I) a loan made by a Farm Credit Bank de-
‘‘(i) lobbying activities, as defined in sec- plying— scribed in section 1.2(a) of the Farm Credit
tion 3 of the Lobbying Disclosure Act of 1995 ‘‘(AA) the gross income of the covered re- Act of 1971 (12 U.S.C. 2002(a)) to a Federal
(2 U.S.C. 1602); cipient in 2019, as reported on a Schedule F Land Bank Association, a Production Credit
‘‘(ii) lobbying expenditures related to a (or any equivalent successor schedule), that Association, or an agricultural credit asso-
State or local election; or is not more than $100,000, divided by 12; and ciation described in that section to make
‘‘(iii) expenditures designed to influence ‘‘(BB) 2.5; and loans under paragraph (36) or (37) of section
the enactment of legislation, appropriations, ‘‘(bb) the outstanding amount of a loan 7(a) of the Small Business Act (15 U.S.C.
regulation, administrative action, or Execu- under subsection (b)(2) that was made during 636(a)) or forgive those loans in accordance
tive order proposed or pending before Con- the period beginning on January 31, 2020 and with section 1106 of the CARES Act (15
gress or any State government, State legis- ending on April 3, 2020 that the borrower in- U.S.C. 9005) and subparagraph (H) of such
lature, or local legislature or legislative tends to refinance under the covered loan, paragraph (37); or
body.’’. not including any amount of any advance (II) a loan made by a Federal Land Bank
(j) CONTINUED ACCESS TO THE PAYCHECK under the loan that is not required to be re- Association, a Production Credit Associa-
PROTECTION PROGRAM.— paid; or tion, an agricultural credit association, or
(1) IN GENERAL.—Section 7(a)(36)(E)(ii) of ‘‘(II) $2,000,000. the bank for cooperatives described in sec-
the Small Business Act (15 U.S.C. ‘‘(iii) WITH EMPLOYEES.—With respect to a tion 1.2(a) of the Farm Credit Act of 1971 (12
636(a)(36)(E)(ii)) is amended by striking covered recipient with employees, the max- U.S.C. 2002(a)) under paragraph (36) or (37) of
‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. imum covered loan amount shall be cal- section 7(a) of the Small Business Act (15
(2) APPLICABILITY OF MAXIMUM LOAN culated using the formula described in sub- U.S.C. 636(a)).
AMOUNT CALCULATION.— (D) RESERVATION OF LOAN GUARANTEES.—
paragraph (E), except that the gross income
(A) DEFINITIONS.—In this paragraph, the Section 7(a)(36)(S) of the Small Business Act
of the covered recipient described in clause
terms ‘‘covered loan’’ and ‘‘eligible recipi- (15 U.S.C. 636(a)(36)(S)) is amended—
(ii)(I)(aa)(AA) of this subparagraph, as di-
ent’’ have the meanings given those terms in (i) in clause (i)—
vided by 12, shall be added to the sum cal-
section 7(a)(36) of the Small Business Act (15 (I) in subclause (I), by striking ‘‘and’’ at
culated under subparagraph (E)(i)(I).
U.S.C. 636(a)(36)). the end;
‘‘(iv) RECALCULATION.—A lender that made
(B) APPLICABILITY.—The amendment made (II) in subclause (II), by striking the period
a covered loan to a covered recipient before
by paragraph (1) shall apply only with re- at the end and inserting ‘‘; and’’; and
the date of enactment of this subparagraph
spect to a covered loan applied for by an eli- (III) by adding at the end the following:
may, at the request of the covered recipi-
gible recipient on or after the date of enact- ‘‘(III) institutions of the Farm Credit Sys-
ent—
ment of this Act. tem chartered under the Farm Credit Act of
‘‘(I) recalculate the maximum loan amount
(k) INCREASED ABILITY FOR PAYCHECK PRO- 1971 (12 U.S.C. 2001 et seq.) with consolidated
applicable to that covered loan based on the
TECTION PROGRAM BORROWERS TO REQUEST AN assets of not less than $10,000,000,000 and less
INCREASE IN LOAN AMOUNT DUE TO UPDATED formula described in clause (ii) or (iii), as ap-
than $50,000,000,000.’’; and
REGULATIONS.— plicable, if doing so would result in a larger
(ii) in clause (ii)—
(1) DEFINITIONS.—In this subsection, the covered loan amount; and
(I) in subclause (II), by striking ‘‘and’’ at
terms ‘‘covered loan’’ and ‘‘eligible recipi- ‘‘(II) provide the covered recipient with ad-
the end;
ent’’ have the meanings given those terms in ditional covered loan amounts based on that
(II) in subclause (III), by striking the pe-
section 7(a)(36) of the Small Business Act (15 recalculation.’’.
riod at the end and inserting ‘‘; and’’; and
U.S.C. 636(a)(36)). (m) FARM CREDIT SYSTEM INSTITUTIONS.— (III) by adding at the end the following:
(2) INCREASED AMOUNT.—Notwithstanding (1) DEFINITION OF FARM CREDIT SYSTEM IN- ‘‘(IV) institutions of the Farm Credit Sys-
the interim final rule issued by the Adminis- STITUTION.—In this subsection, the term tem chartered under the Farm Credit Act of
tration entitled ‘‘Business Loan Program ‘‘Farm Credit System institution’’— 1971 (12 U.S.C. 2001 et seq.) with consolidated
Temporary Changes; Paycheck Protection (A) means an institution of the Farm Cred- assets of less than $10,000,000,000.’’.
Program—Loan Increases’’ (85 Fed. Reg. it System chartered under the Farm Credit (n) DEFINITION OF SEASONAL EMPLOYER.—
29842 (May 19, 2020)), an eligible recipient of Act of 1971 (12 U.S.C. 2001 et seq.); and (1) PPP LOANS.—Section 7(a)(36)(A) of the
a covered loan that is eligible for an in- (B) does not include the Federal Agricul- Small Business Act (15 U.S.C. 636(a)(36)(A)) is
creased covered loan amount as a result of tural Mortgage Corporation. amended—
any interim final rule that allows for cov- (2) FACILITATION OF PARTICIPATION IN PPP (A) in clause (xi), by striking ‘‘and’’ at the
ered loan increases may submit a request for AND SECOND DRAW LOANS.— end;
an increase in the covered loan amount even (A) APPLICABLE RULES.—Solely with re- (B) in clause (xii), by striking the period at
if— spect to loans under paragraphs (36) and (37) the end and inserting ‘‘; and’’; and
(A) the initial covered loan amount has of section 7(a) of the Small Business Act (15 (C) by adding at the end the following:
been fully disbursed; or U.S.C. 636(a)), Farm Credit Administration ‘‘(xiii) the term ‘seasonal employer’ means
(B) the lender of the initial covered loan regulations and guidance issued as of July an eligible recipient that—
has submitted to the Administration a Form 14, 2020, and compliance with such regula- ‘‘(I) does not operate for more than 7
1502 report related to the covered loan. tions and guidance, shall be deemed func- months in any calendar year; or
(l) CALCULATION OF MAXIMUM LOAN AMOUNT tionally equivalent to requirements ref- ‘‘(II) during the preceding calendar year,
FOR FARMERS AND RANCHERS UNDER THE PAY- erenced in section 3(a)(iii)(II) of the interim had gross receipts for any 6 months of that
CHECK PROTECTION PROGRAM.— final rule of the Administration entitled year that were not more than 33.33 percent of
(1) IN GENERAL.—Section 7(a)(36) of the ‘‘Business Loan Program Temporary the gross receipts of the employer for the
Small Business Act (15 U.S.C. 636(a)(36)), as Changes; Paycheck Protection Program’’ (85 other 6 months of that year.’’.
amended by subsection (j) of this section, is Fed. Reg. 20811 (April 15, 2020)) or any similar (2) LOAN FORGIVENESS.—Paragraph (12) of
amended— requirement referenced in that interim final section 1106(a) of the CARES Act (15 U.S.C.
(A) in subparagraph (E), in the matter pre- rule in implementing such paragraph (37). 9005(a)), as so redesignated by subsection
ceding clause (i), by striking ‘‘During’’ and (B) APPLICABILITY OF CERTAIN LOAN RE- (d)(2) of this section, is amended to read as
inserting ‘‘Except as provided in subpara- QUIREMENTS.—For purposes of making loans follows:
graph (T), during’’; and under paragraph (36) or (37) of section 7(a) of
ctelli on DSK11ZRN23PROD with Senate
‘‘(12) the terms ‘payroll costs’ and ‘sea-
(B) by adding at the end the following: the Small Business Act (15 U.S.C. 636(a)) or sonal employer’ have the meanings given
‘‘(T) CALCULATION OF MAXIMUM LOAN forgiving those loans in accordance with sec- those terms in section 7(a)(36) of the Small
AMOUNT FOR FARMERS AND RANCHERS.— tion 1106 of the CARES Act (15 U.S.C. 9005) Business Act (15 U.S.C. 636(a)(36)).’’.
‘‘(i) DEFINITION.—In this subparagraph, the and subparagraph (H) of such paragraph (37), (o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS
term ‘covered recipient’ means an eligible sections 4.13, 4.14, and 4.14A of the Farm FOR LOANS UNDER THE PAYCHECK PROTECTION
recipient that— Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) PROGRAM.—Section 7(a)(36)(D) of the Small
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S5460 CONGRESSIONAL RECORD — SENATE September 8, 2020
Business Act (15 U.S.C. 636(a)(36)(D)) is ‘‘(g)(1) The court, after notice and a hear- gible for a loan under paragraphs (36) and (37)
amended— ing, may authorize a debtor in possession or of section 7(a) of the Small Business Act (15
(1) in clause (v), by inserting ‘‘or whether a trustee that is authorized to operate the U.S.C. 636(a)); and
an organization described in clause (vii) em- business of the debtor under section 1183, (ii) apply to any case pending on or com-
ploys not more than 150 employees,’’ after 1184, 1203, 1204, or 1304 of this title to obtain menced on or after the date described in
‘‘clause (i)(I),’’; a loan under paragraph (36) or (37) of section clause (i).
(2) in clause (vi), by inserting ‘‘, an organi- 7(a) of the Small Business Act (15 U.S.C. (B) SUNSET.—
zation described in clause (vii),’’ after ‘‘non- 636(a)), and such loan shall be treated as a (i) IN GENERAL.—If the amendments made
profit organization’’; and debt to the extent the loan is not forgiven in by this subsection take effect under subpara-
(3) by adding at the end the following: accordance with section 1106 of the CARES graph (A), effective on the date that is 2
‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- Act (15 U.S.C. 9005) or subparagraph (H) of years after the date of enactment of this
GANIZATIONS.— such paragraph (37), as applicable, with pri- Act—
‘‘(I) IN GENERAL.—Except as provided in ority equal to a claim of the kind specified (I) section 364 of title 11, United States
subclause (II), any organization that is de- in subsection (c)(1) of this section. Code, is amended by striking subsection (g);
scribed in section 501(c)(6) of the Internal ‘‘(2) The trustee may incur debt described (II) section 503(b) of title 11, United States
Revenue Code and that is exempt from tax- in paragraph (1) notwithstanding any provi- Code, is amended—
ation under section 501(a) of such Code (ex- sion in a contract, prior order authorizing (aa) in paragraph (8)(B), by adding ‘‘and’’
cluding professional sports leagues and orga- the trustee to incur debt under this section, at the end;
nizations with the purpose of promoting or prior order authorizing the trustee to use (bb) in paragraph (9), by striking ‘‘; and’’ at
participating in a political campaign or cash collateral under section 363, or applica- the end and inserting a period; and
other activity) shall be eligible to receive a ble law that prohibits the debtor from incur- (cc) by striking paragraph (10);
covered loan if— ring additional debt. (III) section 1191 of title 11, United States
‘‘(3) The court shall hold a hearing within Code, is amended by striking subsection (f);
‘‘(aa) the organization does not receive
7 days after the filing and service of the mo- (IV) section 1225 of title 11, United States
more than 10 percent of its receipts from lob-
tion to obtain a loan described in paragraph Code, is amended by striking subsection (d);
bying activities;
(1). Notwithstanding the Federal Rules of and
‘‘(bb) the lobbying activities of the organi-
Bankruptcy Procedure, at such hearing, the (V) section 1325 of title 11, United States
zation do not comprise more than 10 percent
court may grant relief on a final basis.’’. Code, is amended by striking subsection (d).
of the total activities of the organization;
(2) ALLOWANCE OF ADMINISTRATIVE EX- (ii) APPLICABILITY.—Notwithstanding the
and
PENSES.—Section 503(b) of title 11, United amendments made by clause (i) of this sub-
‘‘(cc) the organization employs not more
States Code, is amended— paragraph, if the amendments made by para-
than 150 employees.
(A) in paragraph (8)(B), by striking ‘‘and’’ graphs (1), (2), (3), (4), and (5) take effect
‘‘(II) DESTINATION MARKETING ORGANIZA-
at the end; under subparagraph (A) of this paragraph,
TIONS.—Notwithstanding subclause (I), dur-
(B) in paragraph (9), by striking the period such amendments shall apply to any case
ing the covered period, any destination mar-
at the end and inserting ‘‘; and’’; and under title 11, United States Code, com-
keting organization shall be eligible to re-
(C) by adding at the end the following: menced before the date that is 2 years after
ceive a covered loan if—
‘‘(10) any debt incurred under section the date of enactment of this Act.
‘‘(aa) the destination marketing organiza-
364(g)(1) of this title.’’. (s) OVERSIGHT.—
tion does not receive more than 10 percent of (1) COMPLIANCE WITH OVERSIGHT REQUIRE-
(3) CONFIRMATION OF PLAN FOR REORGANIZA-
its receipts from lobbying activities; MENTS.—
TION.—Section 1191 of title 11, United States
‘‘(bb) the lobbying activities of the destina- (A) IN GENERAL.—Except as provided in
Code, is amended by adding at the end the
tion marketing organization do not comprise subparagraph (B), on and after the date of
following:
more than 10 percent of the total activities enactment of this Act, the Administrator
‘‘(f) SPECIAL PROVISION RELATED TO
of the organization; shall comply with any data or information
COVID–19 PANDEMIC.—Notwithstanding sec-
‘‘(cc) the destination marketing organiza- requests or inquiries made by the Comp-
tion 1129(a)(9)(A) of this title and subsection
tion employs not more than 150 employees; troller General of the United States not later
(e) of this section, a plan that provides for
and than 30 days (or such later date as the Comp-
payment of a claim of a kind specified in sec-
‘‘(dd) the destination marketing organiza- troller General may specify) after receiving
tion 503(b)(10) of this title may be confirmed
tion— the request or inquiry.
under subsection (b) of this section if the
‘‘(AA) is described in section 501(c) of the (B) EXCEPTION.—If the Administrator is un-
plan proposes to make payments on account
Internal Revenue Code and is exempt from able to comply with a request or inquiry de-
of such claim when due under the terms of
taxation under section 501(a) of such Code; or scribed in subparagraph (A) within the 30-
the loan giving rise to such claim.’’.
‘‘(BB) is a quasi-governmental entity or is day period or, if applicable, later period de-
(4) CONFIRMATION OF PLAN FOR FAMILY
a political subdivision of a State or local scribed in that clause, the Administrator
FARMERS AND FISHERMEN.—Section 1225 of
government, including any instrumentality shall, during that 30-day (or later) period,
title 11, United States Code, is amended by
of those entities.’’. submit to the Committee on Small Business
adding at the end the following:
(p) PROHIBITION ON USE OF LOAN PROCEEDS ‘‘(d) Notwithstanding section 1222(a)(2) of and Entrepreneurship of the Senate and the
FOR LOBBYING ACTIVITIES.—Section this title and subsection (b)(1) of this sec- Committee on Small Business of the House
7(a)(36)(F) of the Small Business Act (15 tion, a plan that provides for payment of a of Representatives a notification that in-
U.S.C. 636(a)(36)(F)) is amended by adding at claim of a kind specified in section 503(b)(10) cludes a detailed justification for the inabil-
the end the following: of this title may be confirmed if the plan ity of the Administrator to comply with the
‘‘(vi) PROHIBITION.—None of the proceeds of proposes to make payments on account of request or inquiry.
a covered loan may be used for— such claim when due under the terms of the (2) TESTIMONY.—Not later than the date
‘‘(I) lobbying activities, as defined in sec- loan giving rise to such claim.’’. that is 30 days after the date of enactment of
tion 3 of the Lobbying Disclosure Act of 1995 (5) CONFIRMATION OF PLAN FOR INDIVID- this Act, and every quarter thereafter until
(2 U.S.C. 1602); UALS.—Section 1325 of title 11, United States the date that is 2 years after the date of en-
‘‘(II) lobbying expenditures related to a Code, is amended by adding at the end the actment of this Act, the Administrator and
State or local election; or following: the Secretary of the Treasury shall testify
‘‘(III) expenditures designed to influence ‘‘(d) Notwithstanding section 1322(a)(2) of before the Committee on Small Business and
the enactment of legislation, appropriations, this title and subsection (b)(1) of this sec- Entrepreneurship of the Senate and the Com-
regulation, administrative action, or Execu- tion, a plan that provides for payment of a mittee on Small Business of the House of
tive order proposed or pending before Con- claim of a kind specified in section 503(b)(10) Representatives regarding implementation
gress or any State government, State legis- of this title may be confirmed if the plan of this section and the amendments made by
lature, or local legislature or legislative proposes to make payments on account of this section.
body.’’. such claim when due under the terms of the (t) CONFLICTS OF INTEREST.—
(q) EFFECTIVE DATE; APPLICABILITY.—The loan giving rise to such claim.’’. (1) DEFINITIONS.—In this subsection:
amendments made to paragraph (36) of sec- (6) EFFECTIVE DATE; SUNSET.— (A) CONTROLLING INTEREST.—The term
tion 7(a) of the Small Business Act (15 U.S.C. (A) EFFECTIVE DATE.—The amendments ‘‘controlling interest’’ means owning, con-
636(a)) and title I of the CARES Act (Public made by paragraphs (1) through (5) shall— trolling, or holding not less than 20 percent,
Law 116–136) under this section shall be effec- (i) take effect on the date on which the Ad- by vote or value, of the outstanding amount
tive as if included in the CARES Act and ministrator submits to the Director of the of any class of equity interest in an entity.
shall apply to any loan made pursuant to Executive Office for United States Trustees a (B) COVERED ENTITY.—
ctelli on DSK11ZRN23PROD with Senate
section 7(a)(36) of the Small Business Act (15 written determination that, subject to satis- (i) DEFINITION.—The term ‘‘covered entity’’
U.S.C. 636(a)(36)). fying any other eligibility requirements, any means an entity in which a covered indi-
(r) BANKRUPTCY PROVISIONS.— debtor in possession or trustee that is au- vidual directly or indirectly holds a control-
(1) IN GENERAL.—Section 364 of title 11, thorized to operate the business of the debt- ling interest.
United States Code, is amended by adding at or under section 1183, 1184, 1203, 1204, or 1304 (ii) TREATMENT OF SECURITIES.—For the
the end the following: of title 11, United States Code, would be eli- purpose of determining whether an entity is
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5461
a covered entity, the securities owned, con- ments under such section 7(a) other than TITLE VI—EDUCATIONAL SUPPORT AND
trolled, or held by 2 or more individuals who under paragraphs (36) and (37) of such section CHILD CARE
are related as described in subparagraph 7(a).’’. Subtitle A—Emergency Education Freedom
(C)(ii) shall be aggregated. (2) DIRECT APPROPRIATIONS.— Grants; Tax Credits for Contributions to El-
(C) COVERED INDIVIDUAL.—The term ‘‘cov- (A) NEW DIRECT APPROPRIATIONS FOR PPP igible Scholarship-granting Organizations
ered individual’’ means— LOANS, SECOND DRAW LOANS, AND THE MBDA.— SEC. 6001. EMERGENCY EDUCATION FREEDOM
(i) the President, the Vice President, the (i) PPP AND SECOND DRAW LOANS.—There is GRANTS.
head of an Executive department, or a Mem- appropriated, out of amounts in the Treas- (a) DEFINITIONS.—In this section:
ber of Congress; and (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI-
ury not otherwise appropriated, for the fiscal
(ii) the spouse, child, son-in-law, or daugh- ZATION.—The term ‘‘eligible scholarship-
ter-in-law, as determined under applicable year ending September 30, 2020, to remain
available until September 30, 2021, for addi- granting organization’’ means—
common law, of an individual described in
tional amounts— (A) an organization that—
clause (i).
(I) $257,640,000,000 under the heading (i) is described in section 501(c)(3) of the In-
(D) EXECUTIVE DEPARTMENT.—The term
‘‘Small Business Administration—Business ternal Revenue Code of 1986 and exempt from
‘‘Executive department’’ has the meaning
Loans Program Account, CARES Act’’ for taxation under section 501(a) of such Code;
given the term in section 101 of title 5,
the cost of guaranteed loans as authorized (ii) provides qualifying scholarships to in-
United States Code.
dividual elementary and secondary students
(E) MEMBER OF CONGRESS.—The term under paragraph (36) and (37) of section 7(a)
who—
‘‘Member of Congress’’ means a Member of of the Small Business Act (15 U.S.C. 636(a)),
(I) reside in the State in which the eligible
the Senate or House of Representatives, a as amended and added by this Act;
Delegate to the House of Representatives, scholarship-granting organization is recog-
(II) $10,000,000 under the heading ‘‘Depart- nized; or
and the Resident Commissioner from Puerto ment of Commerce—Minority Business De-
Rico. (II) in the case of funds provided to the
velopment Agency’’ for minority business Secretary of the Interior, attending elemen-
(F) EQUITY INTEREST.—The term ‘‘equity centers of the Minority Business Develop-
interest’’ means— tary schools or secondary schools operated
ment Agency to provide technical assistance or funded by the Bureau of Indian Education;
(i) a share in an entity, without regard to
to small business concerns; and (iii) allocates at least 90 percent of quali-
whether the share is—
(I) transferable; or (III) $50,000,000 under the heading ‘‘Small fied contributions to qualifying scholarships
(II) classified as stock or anything similar; Business Administration—Salaries and Ex- on an annual basis; and
(ii) a capital or profit interest in a limited penses’’ for the cost of carrying out reviews (iv) provides qualifying scholarships to—
liability company or partnership; or and audits of loans under subsection (l) of (I) more than 1 eligible student;
(iii) a warrant or right, other than a right section 1106 of the CARES Act (15 U.S.C. (II) more than 1 eligible family; and
to convert, to purchase, sell, or subscribe to 9005), as amended by this Act. (III) different eligible students attending
a share or interest described in clause (i) or (B) AVAILABILITY OF AMOUNTS APPRO- more than 1 education provider;
(ii), respectively. PRIATED FOR THE OFFICE OF INSPECTOR GEN- (B) an organization that—
(2) REQUIREMENT.—The principal executive ERAL.—Section 1107(a)(3) of the CARES Act (i) is described in section 501(c)(3) of the In-
officer and the principal financial officer, or (15 U.S.C. 9006(a)(3)) is amended by striking ternal Revenue Code of 1986 and exempt from
individuals performing similar functions, of ‘‘September 20, 2024’’ and inserting ‘‘ex- taxation under section 501(a) of such Code;
an entity seeking to enter a transaction and
pended’’.
made under paragraph (36) or (37) of section (ii) pursuant to State law, was able, as of
7(a) of the Small Business Act (15 U.S.C. TITLE V—POSTAL SERVICE ASSISTANCE January 1, 2021, to receive contributions that
636(a)), as added and amended by this sec- are eligible for a State tax credit if such con-
SEC. 5001. COVID–19 FUNDING FOR THE UNITED tributions are used by the organization to
tion, shall, before that transaction is ap-
STATES POSTAL SERVICE. provide scholarships to individual elemen-
proved, disclose to the Administrator wheth-
er the entity is a covered entity. Section 6001 of the CARES Act (Public Law tary and secondary students, including
(3) APPLICABILITY.—The requirement under 116–136; 134 Stat. 281) is amended— scholarships for attending private schools; or
paragraph (2)— (1) in the section heading, by striking (C) an organization identified by a Gov-
(A) shall apply with respect to any trans- ‘‘BORROWING AUTHORITY’’ and inserting ernor of a State to receive a subgrant from
action made under paragraph (36) or (37) of the State under subsection (d).
‘‘FUNDING’’;
section 7(a) of the Small Business Act (15 (2) EMERGENCY EDUCATION FREEDOM GRANT
(2) by redesignating subsection (c) as sub-
U.S.C. 636(a)), as added and amended by this FUNDS.—The term ‘‘emergency education
section (e); and freedom grant funds’’ means the amount of
section, on or after the date of enactment of
this Act; and (3) by inserting after subsection (b) the fol- funds available under subsection (b)(1) for
(B) shall not apply with respect to— lowing: this section that are not reserved under sub-
(i) any transaction described in subpara- ‘‘(c) AVAILABILITY OF AMOUNTS; NO REPAY- section (c)(1).
graph (A) that was made before the date of MENT REQUIRED.—Notwithstanding sub- (3) QUALIFIED CONTRIBUTION.—The term
enactment of this Act; or section (b) or any agreement entered into be- ‘‘qualified contribution’’ means a contribu-
(ii) forgiveness under section 1106 of the tween the Secretary of the Treasury and the tion of cash to any eligible scholarship-
CARES Act (15 U.S.C. 9005) or any other pro- granting organization.
Postal Service under that subsection, the
vision of law of any loan associated with any (4) QUALIFIED EXPENSE.—The term ‘‘quali-
Postal Service— fied expense’’ means any educational expense
transaction described in subparagraph (A)
that was made before the date of enactment ‘‘(1) may only use amounts borrowed under that is—
of this Act. that subsection if the Postal Service has less (A) for an individual student’s elementary
(u) COMMITMENT AUTHORITY AND APPRO- than $8,000,000,000 in cash on hand; and or secondary education, as recognized by the
PRIATIONS.— ‘‘(2) shall not be required to repay the State; or
(1) COMMITMENT AUTHORITY.—Section amounts borrowed under that subsection. (B) for the secondary education component
1102(b) of the CARES Act (Public Law 116– ‘‘(d) CERTIFICATIONS.— of an individual elementary or secondary
136) is amended— ‘‘(1) POSTAL REGULATORY COMMISSION.—The student’s career and technical education, as
(A) in paragraph (1)— Postal Service shall certify in its quarterly defined by section 3(5) of the Carl D. Perkins
(i) in the paragraph heading, by inserting and audited annual reports to the Postal Career and Technical Education Act of 2006
‘‘AND SECOND DRAW’’ after ‘‘PPP’’; Regulatory Commission under section 3654 of (20 U.S.C. 2302(5)).
(ii) by striking ‘‘August 8, 2020’’ and insert- title 39, United States Code, and in con- (5) QUALIFYING SCHOLARSHIP.—The term
ing ‘‘December 31, 2020’’; ‘‘qualifying scholarship’’ means a scholar-
formity with the requirements of section 13
(iii) by striking ‘‘paragraph (36)’’ and in- ship granted by an eligible scholarship-
or 15(d) of the Securities Exchange Act of
serting ‘‘paragraphs (36) and (37)’’; and granting organization to an individual ele-
1934 (15 U.S.C. 78m, 78o(d)), any expenditures
(iv) by striking ‘‘$659,000,000,000’’ and in- mentary or secondary student for a qualified
serting ‘‘$816,640,000,000’’; and made using amounts borrowed under sub-
expense.
(B) by amending paragraph (2) to read as section (b) of this section.
(6) SECRETARY.—The term ‘‘Secretary’’
follows: ‘‘(2) CONGRESS.—Not later than 15 days means the Secretary of Education.
‘‘(2) OTHER 7(A) LOANS.—During fiscal year after filing a report described in paragraph (7) STATE.—The term ‘‘State’’ means each
2020, the amount authorized for commit- (1) with the Postal Regulatory Commission, of the 50 States, the District of Columbia,
ments for section 7(a) of the Small Business the Postal Service shall submit a copy of the and the Commonwealth of Puerto Rico.
ctelli on DSK11ZRN23PROD with Senate
Act (15 U.S.C. 636(a)) under the heading information required to be certified under (b) GRANTS.—
‘Small Business Administration—Business that paragraph to the Committee on Home- (1) PROGRAM AUTHORIZED.—From the funds
Loans Program Account’ in the Financial land Security and Governmental Affairs of appropriated to carry out this section, the
Services and General Government Appropria- the Senate and the Committee on Oversight Secretary shall carry out subsection (c) and
tions Act, 2020 (division C of Public Law 116– and Reform of the House of Representa- award emergency education freedom grants
193) shall apply with respect to any commit- tives.’’. to States with approved applications, in
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S5462 CONGRESSIONAL RECORD — SENATE September 8, 2020
order to enable the States to award sub- 50 percent of the allotment to award sub- a State or local government’s authority and
grants to eligible scholarship-granting orga- grants to eligible scholarship-granting orga- responsibility to fund education.
nizations under subsection (d). nizations in the State. (g) AUTHORIZATION OF APPROPRIATIONS.—
(2) TIMING.—The Secretary shall make the (3) USES OF FUNDS.— An eligible scholar- There are authorized to be appropriated to
allotments required under this subsection by ship-granting organization that receives a carry out this section such sums as may be
not later than 30 days after the date of en- subgrant under this subsection— necessary.
actment of this Act. (A) may reserve not more than 5 percent of SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO
(c) RESERVATION AND ALLOTMENTS.— the subgrant funds for public outreach, stu- ELIGIBLE SCHOLARSHIP-GRANTING
(1) IN GENERAL.—From the amounts made dent and family support activities, and ad- ORGANIZATIONS.
available under subsection (b)(1), the Sec- ministrative expenses related to the (a) CREDIT FOR INDIVIDUALS.—Subpart A of
retary shall— subgrant; and part IV of subchapter A of chapter 1 of the
(A) reserve— (B) shall use not less than 95 percent of the Internal Revenue Code of 1986 is amended by
(i) one-half of 1 percent for allotments for subgrant funds to provide qualifying scholar- adding after section 25D the following new
the United States Virgin Islands, Guam, ships for qualified expenses only to indi- section:
American Samoa, and the Commonwealth of vidual elementary school and secondary ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOL-
the Northern Mariana Islands, to be distrib- ARSHIP-GRANTING ORGANIZATIONS.
school students who reside in the State in
uted among those outlying areas on the basis ‘‘(a) ALLOWANCE OF CREDIT.—Subject to
which the eligible scholarship-granting orga-
of their relative need, as determined by the section 6003(c) of the Delivering Immediate
nization is recognized.
Secretary, in accordance with the purpose of Relief to America’s Families, Schools and
(e) REALLOCATION.—A State shall return to Small Businesses Act, in the case of an indi-
this section; and
the Secretary any amounts of the allotment vidual, there shall be allowed as a credit
(ii) one-half of 1 percent of such amounts
received under this section that the State against the tax imposed by this chapter for
for the Secretary of the Interior, acting
does not award as subgrants under sub- the taxable year an amount equal to the sum
through the Bureau of Indian Education, to
section (d) by March 30, 2021, and the Sec- of any qualified contributions made by the
be used to provide subgrants described in
retary shall reallocate such funds to the re- taxpayer during the taxable year.
subsection (d) to eligible scholarship-grant-
maining eligible States in accordance with ‘‘(b) AMOUNT OF CREDIT.—The credit al-
ing organizations that serve students attend-
subsection (c)(1)(B). lowed under subsection (a) for any taxable
ing elementary schools or secondary schools
operated or funded by the Bureau of Indian (f) RULES OF CONSTRUCTION.— year shall not exceed 10 percent of the tax-
Education; and (1) IN GENERAL.—A qualifying scholarship payer’s adjusted gross income for the taxable
(B) subject to paragraph (2), allot each awarded to a student from funds provided year.
State that submits an approved application under this section shall not be considered as- ‘‘(c) DEFINITIONS.—For purposes of this sec-
under this section the sum of— sistance to the school or other educational tion—
(i) the amount that bears the same rela- provider that enrolls, or provides edu- ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA-
tion to 20 percent of the emergency edu- cational services to, the student or the stu- NIZATION.—The term ‘eligible scholarship-
cation freedom grant funds as the number of dent’s parents. granting organization’ means—
individuals aged 5 through 17 in the State, as (2) EXCLUSION FROM INCOME.— ‘‘(A) an organization that—
determined by the Secretary on the basis of (A) INCOME TAXES.—For purposes of the In- ‘‘(i) is described in section 501(c)(3) and ex-
the most recent satisfactory data, bears to ternal Revenue Code of 1986, gross income empt from taxation under section 501(a),
the number of those individuals, as so deter- shall not include any amount received by an ‘‘(ii) provides qualifying scholarships to in-
mined, in all such States that submitted ap- individual as a qualifying scholarship. dividual elementary and secondary students
proved applications; and (B) FEDERALLY FUNDED PROGRAMS.—Any who—
(ii) an amount that bears the same rela- amount received by an individual as a quali- ‘‘(I) reside in the State in which the eligi-
tionship to 80 percent of the emergency edu- fying scholarship shall not be taken into ac- ble scholarship-granting organization is rec-
cation freedom grant funds as the number of count as income or resources for purposes of ognized, or
individuals aged 5 through 17 from families determining the eligibility of such individual ‘‘(II) in the case of the Bureau of Indian
with incomes below the poverty line in the or any other individual for benefits or assist- Education, are members of a federally recog-
State, as determined by the Secretary on the ance, or the amount or extent of such bene- nized tribe,
basis of the most recent satisfactory data, fits or assistance, under any Federal pro- ‘‘(iii) a State identifies to the Secretary as
bears to the number of those individuals, as gram or under any State or local program fi- an eligible scholarship-granting organization
so determined, in all such States that sub- nanced in whole or in part with Federal under section 6003(c)(5)(B) of the Delivering
mitted approved applications. funds. Immediate Relief to America’s Families,
(2) MINIMUM ALLOTMENT.—No State shall (3) PROHIBITION OF CONTROL OVER NONPUBLIC Schools and Small Businesses Act,
receive an allotment under this subsection EDUCATION PROVIDERS.— ‘‘(iv) allocates at least 90 percent of quali-
for a fiscal year that is less than one-half of (A)(i) Nothing in this section shall be con- fied contributions to qualifying scholarships
1 percent of the amount of emergency edu- strued to permit, allow, encourage, or au- on an annual basis, and
cation freedom grant funds available for thorize any Federal control over any aspect ‘‘(v) provides qualifying scholarships to—
such fiscal year. of any private, religious, or home education ‘‘(I) more than 1 eligible student,
(d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP- provider, whether or not a home education ‘‘(II) more than 1 eligible family, and
GRANTING ORGANIZATIONS.— provider is treated as a private school or ‘‘(III) different eligible students attending
(1) IN GENERAL.—A State that receives an home school under State law. more than 1 education provider, or
allotment under this section shall use the al- (ii) This section shall not be construed to ‘‘(B) an organization that—
lotment to award subgrants, on a basis de- exclude private, religious, or home education ‘‘(i) is described in section 501(c)(3) and ex-
termined appropriate by the State, to eligi- providers from participation in programs or empt from taxation under section 501(a), and
ble scholarship-granting organizations in the services under this section. ‘‘(ii) pursuant to State law, was able, as of
State. (B) Nothing in this section shall be con- January 1, 2021, to receive contributions that
(2) INITIAL TIMING.— strued to permit, allow, encourage, or au- are eligible for a State tax credit if such con-
(A) STATES WITH EXISTING TAX CREDIT thorize a State to mandate, direct, or con- tributions are used by the organization to
SCHOLARSHIP PROGRAM.—By not later than 30 trol any aspect of a private or home edu- provide scholarships to individual elemen-
days after receiving an allotment under sub- cation provider, regardless of whether or not tary and secondary students, including
section (c)(1)(B), a State with an existing, as a home education provider is treated as a scholarships for attending private schools.
of the date of application for an allotment private school under State law. ‘‘(2) QUALIFIED CONTRIBUTION.—The term
under this section, tax credit scholarship (C) No participating State shall exclude, ‘qualified contribution’ means a contribu-
program shall use not less than 50 percent of discriminate against, or otherwise disadvan- tion of cash to any eligible scholarship-
the allotment to award subgrants to eligible tage any education provider with respect to granting organization.
scholarship-granting organizations under programs or services under this section ‘‘(3) QUALIFIED EXPENSE.—The term ‘quali-
subsection (a)(1)(B) in the State in propor- based in whole or in part on the provider’s fied expense’ means any educational expense
tion to the contributions received in cal- religious character or affiliation, including that is—
endar year 2019 that were eligible for a State religiously based or mission-based policies or ‘‘(A) for an individual student’s elementary
tax credit if such contributions are used by practices. or secondary education, as recognized by the
the organization to provide scholarships to (4) PARENTAL RIGHTS TO USE SCHOLAR- State, or
individual elementary and secondary stu- SHIPS.—No participating State shall disfavor ‘‘(B) for the secondary education compo-
dents, including scholarships for attending or discourage the use of qualifying scholar- nent of an individual elementary or sec-
ctelli on DSK11ZRN23PROD with Senate
private schools. ships for the purchase of elementary and sec- ondary student’s career and technical edu-
(B) STATES WITHOUT TAX CREDIT SCHOLAR- ondary education services, including those cation, as defined by section 3(5) of the Carl
SHIP PROGRAMS.—By not later than 60 days services provided by private or nonprofit en- D. Perkins Career and Technical Education
after receiving an allotment under sub- tities, such as faith-based providers. Act of 2006 (20 U.S.C. 2302(5)).
section (c)(1)(B), a State without a tax credit (5) STATE AND LOCAL AUTHORITY.—Nothing ‘‘(4) QUALIFYING SCHOLARSHIP.—The term
scholarship program shall use not less than in this section shall be construed to modify ‘qualifying scholarship’ means a scholarship
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5463
granted by an eligible scholarship-granting does not exceed the sum of the qualified con- retary of Education, establish, host, and
organization to an individual elementary or tributions made by the taxpayer for the tax- maintain a web portal that—
secondary student for a qualified expense. able year. (1) lists all eligible scholarship-granting
‘‘(5) STATE.—The term ‘State’ means each ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax organizations;
of the 50 States, the District of Columbia, credit allowed under this section is not fully (2) enables a taxpayer to make a qualifying
the Commonwealth of Puerto Rico, the out- used within the applicable taxable year be- contribution to one or more eligible scholar-
lying areas (as defined in section 1121(c) of cause of insufficient tax liability on the part ship-granting organizations and to imme-
the Elementary and Secondary Education of the taxpayer, the unused amount may be diately obtain both a pre-approval of a tax
Act of 1965 (20 U.S.C. 6331(c)), and the Depart- carried forward for a period not to exceed 5 credit for that contribution and a receipt for
ment of the Interior (acting through the Bu- years. tax filings;
reau of Indian Education). ‘‘(g) ELECTION.—This section shall apply to (3) provides information about the tax ben-
‘‘(d) RULES OF CONSTRUCTION.— a taxpayer for a taxable year only if the tax- efits under sections 25E and 45U of the Inter-
‘‘(1) IN GENERAL.—A qualifying scholarship payer elects to have this section apply for nal Revenue Code of 1986; and
awarded to a student from the proceeds of a such taxable year. (4) enables a State to submit and update
qualified contribution under this section ‘‘(h) ALTERNATIVE MINIMUM TAX.—For pur- information about its programs and its eligi-
shall not be considered assistance to the poses of calculating the alternative min- ble scholarship-granting organizations for
school or other educational provider that en- imum tax under section 55, a taxpayer may informational purposes only, including infor-
rolls, or provides educational services to, the use any credit received for a qualified con- mation on—
student or the student’s parents. tribution under this section. (A) student eligibility;
‘‘(2) EXCLUSION FROM INCOME.—Gross in- ‘‘(i) TERMINATION.—This section shall not (B) allowable educational expenses;
come shall not include any amount received apply to any contributions made in taxable (C) the types of allowable education pro-
by an individual as a qualifying scholarship years beginning after December 31, 2022.’’. viders;
and such amount shall not be taken into ac- (b) CLERICAL AMENDMENT.—The table of
(D) the percentage of funds an organization
count as income or resources for purposes of sections for subpart A of part IV of sub-
may use for program administration; and
determining the eligibility of such individual chapter A of chapter 1 of the Internal Rev-
(E) the percentage of total contributions
or any other individual for benefits or assist- enue Code of 1986 is amended by inserting
the organization awards in a calendar year.
ance, or the amount or extent of such bene- after the item relating to section 25D the fol- (b) NONPORTAL CONTRIBUTIONS.—A tax-
fits or assistance, under any Federal pro- lowing new item: payer may opt to make a contribution di-
gram or under any State or local program fi- ‘‘Sec. 25E. Contributions to eligible scholar- rectly to an eligible scholarship-granting or-
nanced in whole or in part with Federal ship-granting organizations.’’. ganization, instead of through the web portal
funds. (c) CREDIT FOR CORPORATIONS.—Subpart D described in subsection (a), provided that the
‘‘(3) PROHIBITION OF CONTROL OVER NON- of part IV of subchapter A of chapter 1 of the taxpayer, or the eligible scholarship-grant-
PUBLIC EDUCATION PROVIDERS.— Internal Revenue Code of 1986 is amended by ing organization on behalf of the taxpayer,
‘‘(A)(i) Nothing in this section shall be con- adding at the end the following new section: applies for, and receives pre-approval for a
strued to permit, allow, encourage, or au- ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOL- tax credit from the Secretary of the Treas-
thorize any Federal control over any aspect ARSHIP-GRANTING ORGANIZATIONS. ury in coordination with the Secretary of
of any private, religious, or home education ‘‘(a) ALLOWANCE OF CREDIT.—Subject to Education.
provider, whether or not a home education section 6003(c) of the Delivering Immediate (c) NATIONAL AND STATE LIMITATIONS ON
provider is treated as a private school or Relief to America’s Families, Schools and CREDITS.—
home school under State law. Small Businesses Act, for purposes of section (1) NATIONAL LIMITATION.—For each fiscal
‘‘(ii) This section shall not be construed to 38, in the case of a domestic corporation, year, the total amount of qualifying con-
exclude private, religious, or home education there shall be allowed as a credit against the tributions for which a credit is allowed under
providers from participation in programs or tax imposed by this chapter for the taxable sections 25E and 45U of the Internal Revenue
services under this section. year an amount equal to the sum of any Code of 1986 shall not exceed $5,000,000,000.
‘‘(B) Nothing in this section shall be con- qualified contributions (as defined in section (2) ALLOCATION OF LIMITATION.—
strued to permit, allow, encourage, or au- 25E(c)(2)) made by such corporation during (A) INITIAL ALLOCATIONS.—For each cal-
the taxable year. endar year, with respect to the limitation
thorize an entity submitting a list of eligible
‘‘(b) AMOUNT OF CREDIT.—The credit al- under paragraph (1), the Secretary of the
scholarship-granting organizations on behalf
lowed under subsection (a) for any taxable Treasury, in consultation with the Secretary
of a State pursuant to section 6003(c)(5) of year shall not exceed 5 percent of the taxable
the Delivering Immediate Relief to Amer- of Education, shall—
income (as defined in section 170(b)(2)(D)) of (i) allocate to each State an amount equal
ica’s Families, Schools and Small Businesses the domestic corporation for such taxable
Act to mandate, direct, or control any aspect to the sum of the qualifying contributions
year. made in the State in the previous year; and
of a private or home education provider, re- ‘‘(c) ADDITIONAL PROVISIONS.—For purposes
gardless of whether or not a home education (ii) from any amounts remaining following
of this section, any qualified contributions
provider is treated as a private school under allocations made under clause (i), allocate to
made by a domestic corporation shall be sub-
State law. each participating State an amount equal to
ject to the provisions of section 25E (includ-
‘‘(C) No participating State or entity act- the sum of—
ing subsection (d) of such section), to the ex-
ing on behalf of a State pursuant to section (I) an amount that bears the same rela-
tent applicable.
6003(c)(5) of the Delivering Immediate Relief ‘‘(d) ELECTION.—This section shall apply to tionship to 20 percent of such remaining
to America’s Families, Schools and Small a taxpayer for a taxable year only if the tax- amount as the number of individuals aged 5
Businesses Act shall exclude, discriminate payer elects to have this section apply for through 17 in the State, as determined by
against, or otherwise disadvantage any edu- such taxable year. the Secretary of Education on the basis of
cation provider with respect to programs or ‘‘(e) TERMINATION.—This section shall not the most recent satisfactory data, bears to
services under this section based in whole or apply to any contributions made in taxable the number of those individuals in all such
in part on the provider’s religious character years beginning after December 31, 2022.’’. States, as so determined; and
or affiliation, including religiously-based or (d) CREDIT PART OF GENERAL BUSINESS (II) an amount that bears the same rela-
mission-based policies or practices. CREDIT.—Section 38(b) is amended— tionship to 80 percent of such remaining
‘‘(4) PARENTAL RIGHTS TO USE SCHOLAR- (1) by striking ‘‘plus’’ at the end of para- amount as the number of individuals aged 5
SHIPS.—No participating State or entity act- graph (32); through 17 from families with incomes below
ing on behalf of a State pursuant to section (2) by striking the period at the end of the poverty line in the State, as determined
6003(c)(5) of the Delivering Immediate Relief paragraph (33) and inserting ‘‘, plus’’; and by the Secretary of Education, on the basis
to America’s Families, Schools and Small (3) by adding at the end the following new of the most recent satisfactory data, bears to
Businesses Act shall disfavor or discourage paragraph: the number of those individuals in all such
the use of qualifying scholarships for the ‘‘(34) the credit for qualified contributions States, as so determined.
purchase of elementary and secondary edu- determined under section 45U(a).’’. (B) MINIMUM ALLOCATION.—Notwith-
cation services, including those services pro- (e) CLERICAL AMENDMENT.—The table of standing subparagraph (A), no State receiv-
vided by private or nonprofit entities, such sections for subpart D of part IV of sub- ing an allocation under this section may re-
as faith-based providers. chapter A of chapter 1 is amended by adding ceive less than 1⁄2 of 1 percent of the amount
‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing at the end the following new item: allocated for a fiscal year.
in this section shall be construed to modify ‘‘Sec. 45U. Contributions to eligible scholar- (3) ALLOWABLE PARTNERSHIPS.—A State
a State or local government’s authority and ship-granting organizations.’’. may choose to administer the allocation it
(f) EFFECTIVE DATE.—The amendments receives under paragraph (2) in partnership
ctelli on DSK11ZRN23PROD with Senate
responsibility to fund education.
‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Sec- made by this section shall apply to taxable with one or more States, provided that the
retary shall prescribe such regulations or years beginning after December 31, 2020. eligible scholarship-granting organizations
other guidance to ensure that the sum of the SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS in each partner State serve students who re-
tax benefits provided by Federal, State, or WEB PORTAL AND ADMINISTRATION. side in all States in the partnership.
local law for a qualified contribution receiv- (a) IN GENERAL.—The Secretary of the (4) TOTAL ALLOCATION.—A State’s alloca-
ing a Federal tax credit in any taxable year Treasury shall, in coordination with the Sec- tion, for any fiscal year, is the sum of the
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S5464 CONGRESSIONAL RECORD — SENATE September 8, 2020
amount determined for such State under aminations related to college or university subsection (d)(2). The grants shall provide for
subparagraphs (A) and (B) of paragraph (2). admission. subgrants to qualified child care providers,
(5) ALLOCATION AND ADJUSTMENTS.— ‘‘(vi) Fees for dual enrollment in an insti- for a transition period of not more than 9
(A) INITIAL ALLOCATION TO STATES.—Not tution of higher education. months to assist in paying for fixed costs
later than November 1 of the year preceding ‘‘(vii) Educational therapies for students and increased operating expenses due to
a year for which there is a national limita- with disabilities provided by a licensed or ac- COVID–19, and to reenroll children in an en-
tion on credits under paragraph (1) (referred credited practitioner or provider, including vironment that supports the health and safe-
to in this section as the ‘‘applicable year’’), occupational, behavioral, physical, and ty of children and staff.
or as early as practicable with respect to the speech-language therapies.
first year, the Secretary of the Treasury (d) PROCESS FOR ALLOCATION OF FUNDS.—
‘‘(C) TREATMENT OF HOMESCHOOL EX-
shall announce the State allocations under (1) ALLOCATION.—Any funds that are appro-
PENSES.—In the case of any distribution
paragraph (2) for the applicable year. priated to carry out this section shall be dis-
made after the date of the enactment of the
(B) LIST OF ELIGIBLE SCHOLARSHIP-GRANT- tributed by the Secretary to the Administra-
Delivering Immediate Relief to America’s
ING ORGANIZATIONS.—
tion for Children and Families for distribu-
Families, Schools and Small Businesses Act
(i) IN GENERAL.—Not later than January 1 tion under the Child Care and Development
and before January 1, 2023, the term ‘quali-
of each applicable year, or as early as prac- Block Grant Act of 1990 (42 U.S.C. 9857 et
fied higher education expense’ shall include
ticable with respect to the first year, each seq.) in accordance with subsection (e)(2) of
expenses for the purposes described in sub-
State shall provide the Secretary of the this section.
paragraphs (A) and (B) in connection with a
Treasury a list of eligible scholarship-grant- (2) NOTICE.—Not later than 7 days after
homeschool (whether treated as a
ing organizations, including a certification funds are appropriated to carry out this sec-
homeschool or a private school for purposes
that the entity submitting the list on behalf tion, the Secretary shall provide to States,
of applicable State law).’’.
of the State has the authority to perform Indian tribes, and tribal organizations a no-
(b) EFFECTIVE DATE.—The amendment
this function. tice of funding availability, for Back to
made by this section shall apply to distribu-
(ii) RULE OF CONSTRUCTION.—Neither this Work Child Care grants under subsection (c)
tions made after the date of the enactment
section nor any other Federal law shall be from allotments and payments under sub-
of this Act.
construed as limiting the entities that may section (e)(2). The Secretary shall issue a no-
Subtitle B—Back to Work Child Care Grants tice of the funding allocations for each
submit the list on behalf of a State.
SEC. 6101. BACK TO WORK CHILD CARE GRANTS. State, Indian tribe, and tribal organization
(C) REALLOCATION OF UNCLAIMED CREDITS.—
The Secretary of the Treasury shall reallo- (a) PURPOSE.—The purpose of this section not later than 14 days after funds are appro-
cate a State’s allocation to other States, in is to support the recovery of the United priated to carry out this section.
accordance with paragraph (2), if the State— States economy by providing assistance to (3) NOTICE OF INTENT.—Not later than 14
(i) chooses not to identify scholarship- aid in reopening child care programs, and days after issuance of a notice of funding al-
granting organizations under subparagraph maintaining the availability of child care in locations under paragraph (1), a State, In-
(B) in any applicable year; or the United States, so that parents can access dian tribe, or tribal organization that seeks
(ii) does not have an existing eligible safe care and return to work. such a grant shall submit to the Secretary a
(b) DEFINITIONS.—In this section: notice of intent to provide assurances for
scholarship-granting organization.
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— such grant. The notice of intent shall include
(D) REALLOCATION.—On or after April 1 of
The term ‘‘COVID–19 public health emer- a certification that the State, Indian tribe,
any applicable year, the Secretary of the
gency’’ means the public health emergency or tribal organization will repay the grant
Treasury may reallocate, to one or more
declared by the Secretary of Health and funds if such State, Indian tribe, or tribal or-
other States that have eligible scholarship-
Human Services under section 319 of the ganization fails to provide assurances that
granting organizations in the States, with-
Public Health Service Act (42 U.S.C. 247d) on meet the requirements of subsection (f) or to
out regard to paragraph (2), the allocation of
January 31, 2020, with respect to COVID–19, comply with such an assurance.
a State for which the State’s allocation has
including any renewal of such declaration. (4) GRANTS TO LEAD AGENCIES.—The Sec-
not been claimed.
(d) DEFINITIONS.—Any term used in this (2) ELIGIBLE CHILD CARE PROVIDER.—The retary may make grants under subsection (c)
section which is also used in section 25E of term ‘‘eligible child care provider’’ means— to the lead agency of each State, Indian
the Internal Revenue Code of 1986 shall have (A) an eligible child care provider as de- tribe, or tribal organization, upon receipt of
the same meaning as when used in such sec- fined in section 658P(6)(A) of the Child Care the notice of intent to provide assurances for
tion. and Development Block Grant Act of 1990 (42 such grant.
SEC. 6004. 529 ACCOUNT FUNDING FOR U.S.C. 9858n(6)(A)); and (5) PROVISION OF ASSURANCES.—Not later
HOMESCHOOL AND ADDITIONAL EL- (B) a child care provider that— than 15 days after receiving the grant, the
EMENTARY AND SECONDARY EX- (i) is license-exempt and operating legally State, Indian tribe, or tribal organization
PENSES. in the State; shall provide assurances that meet the re-
(a) IN GENERAL.—Section 529(c)(7) of the In- (ii) is not providing child care services to quirements of subsection (f).
ternal Revenue Code of 1986 is amended— relatives; and
(1) by striking ‘‘Any reference’’ and insert- (e) FEDERAL RESERVATION; ALLOTMENTS
(iii) satisfies State and local requirements,
AND PAYMENTS.—
ing including those referenced in section
‘‘(A) IN GENERAL.—Any reference’’, and (1) RESERVATION.—The Secretary shall re-
658E(c)(2)(I) of the Child Care and Develop-
(2) by adding at the end the following new serve not more than 1 percent of the amount
ment Block Grant Act of 1990 ((42 U.S.C.
subparagraphs: appropriated to carry out this section to pay
9858c)(c)(2)(I)).
‘‘(B) ADDITIONAL EXPENSES.—In the case of for the costs of the Federal administration of
(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
any distribution made after the date of the this section. The amount appropriated to
The terms ‘‘Indian tribe’’ and ‘‘tribal organi-
enactment of the Delivering Immediate Re- carry out this section and reserved under
zation’’ have the meanings given the terms
lief to America’s Families, Schools and this paragraph shall remain available
in section 658P of the Child Care and Devel-
Small Businesses Act and before January 1, through fiscal year 2021.
opment Block Grant Act of 1990 (42 U.S.C.
2023, any reference in this section to the (2) ALLOTMENTS AND PAYMENTS.—The Sec-
9858n).
term ‘qualified higher education expense’ retary shall use the remaining portion of
(4) LEAD AGENCY.—The term ‘‘lead agency’’
shall include a reference to the following ex- such amount to make allotments and pay-
has the meaning given the term in section
penses in connection with enrollment or at- ments, to States, Indian tribes, and tribal or-
658P of the Child Care and Development
tendance at, or for students enrolled at or ganizations that submit such a notice of in-
Block Grant Act of 1990 (42 U.S.C. 9858n).
attending, an elementary or secondary pub- tent to provide assurances, in accordance
(5) QUALIFIED CHILD CARE PROVIDER.—The
lic, private, or religious school: with paragraphs (1) and (2) of subsection (a),
term ‘‘qualified child care provider’’ means
‘‘(i) Curriculum and curricular materials. and subsection (b), of section 658O of the
an eligible child care provider with an appli-
‘‘(ii) Books or other instructional mate- Child Care and Development Block Grant
cation approved under subsection (g) for the
rials. Act of 1990 (42 U.S.C. 9858m), for the grants
program involved.
‘‘(iii) Online educational materials. described in subsection (c).
(6) SECRETARY.—The term ‘‘Secretary’’
‘‘(iv) Tuition for tutoring or educational means the Secretary of Health and Human (f) ASSURANCES.—A State, Indian tribe, or
classes outside of the home, including at a Services. tribal organization that receives a grant
tutoring facility, but only if the tutor or in- (7) STATE.—The term ‘‘State’’ has the under subsection (c) shall provide to the Sec-
structor is not related to the student and— meaning given the term in section 658P of retary assurances that the lead agency will—
‘‘(I) is licensed as a teacher in any State, the Child Care and Development Block Grant (1) require as a condition of subgrant fund-
‘‘(II) has taught at an eligible educational Act of 1990 (42 U.S.C. 9858n). ing under subsection (g) that each eligible
ctelli on DSK11ZRN23PROD with Senate
institution, or (c) GRANTS FOR CHILD CARE PROGRAMS.— child care provider applying for a subgrant
‘‘(III) is a subject matter expert in the rel- From the funds appropriated to carry out from the lead agency—
evant subject. this section, the Secretary shall make Back (A) has been an eligible child care provider
‘‘(v) Fees for a nationally standardized to Work Child Care grants to States, Indian in continuous operation and serving children
norm-referenced achievement test, an ad- tribes, and tribal organizations, that submit through a child care program immediately
vanced placement examination, or any ex- notices of intent to provide assurances under prior to March 1, 2020;
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5465
(B) agree to follow all applicable State, qualified child care providers with applicable health or safety condition, to ensure chil-
local, and tribal health and safety require- State, local, and tribal health and safety re- dren can safely occupy a child care facility;
ments and, if applicable, enhanced protocols quirements; and (vii) purchasing or updating equipment and
for child care services and related to COVID– (II) comply with the reporting and docu- supplies to serve children during nontradi-
19 or another health or safety condition; mentation requirements described in sub- tional hours;
(C) agree to comply with the documenta- section (h); and (viii) adapting the child care program or
tion and reporting requirements under sub- (C)(i) shall not make more than 1 subgrant curricula to accommodate children who have
section (h); and under paragraph (4) to a child care provider, not had recent access to a child care setting;
(D) certify in good faith that the child care except as described in clause (ii); and (ix) carrying out any other activity related
program of the provider will remain open for (ii) may make multiple subgrants to a to the child care program of a qualified child
not less than 1 year after receiving such a qualified child care provider, if the lead care provider; and
subgrant, unless such program is closed due agency makes each subgrant individually for (x) reimbursement of expenses incurred be-
to extraordinary circumstances, including a 1 child care program operated by the pro- fore the provider received a subgrant under
state of emergency declared by the Governor vider and the funds from the multiple sub- this paragraph, if the use for which the ex-
or a major disaster or emergency declared by grants are not pooled for use for more than penses are incurred is described in any of
the President under section 401 or 501, re- 1 of the programs. clauses (i) though (ix) and is disclosed in the
spectively, of the Robert T. Stafford Disaster (2) ROLE OF THIRD PARTY.—The lead agency subgrant application for such subgrant.
Relief and Emergency Assistance Act (42 may designate a third party, such as a child (C) SUBGRANT APPLICATION.—To be quali-
U.S.C. 5170, 5191); care resource and referral agency, to carry fied to receive a subgrant under this para-
(2) ensure eligible child care providers in out the responsibilities of the lead agency, graph, an eligible child care provider shall
urban, suburban, and rural areas can readily and oversee the activities conducted by submit an application to the lead agency in
apply for and access funding under this sec- qualified child care providers under this sub- such form and containing such information
tion, which shall include the provision of section. as the lead agency may reasonably require,
technical assistance either directly or (3) OBLIGATION AND RETURN OF FUNDS.— including—
through resource and referral agencies or (A) OBLIGATION.— (i) a budget plan that includes—
staffed family child care provider networks; (i) IN GENERAL.—The lead agency shall ob- (I) information describing how the eligible
(3) ensure that subgrant funds are made ligate at least 50 percent of the grant funds child care provider will use the subgrant
available to eligible child care providers re- in the portion described in paragraph (1)(A) funds to pay for fixed costs and increased op-
gardless of whether the eligible child care for subgrants to qualified child care pro- erating expenses, including, as applicable,
provider is providing services for which as- viders by the day that is 6 months after the payroll, employee benefits, mortgage or
sistance is made available under the Child date of enactment of this Act. rent, utilities, and insurance, described in
Care and Development Block Grant Act of (ii) WAIVERS.—At the request of a State, subparagraph (B)(iii);
1990 (42 U.S.C. 9857 et seq.) at the time of ap- Indian tribe, or tribal organization, and for (II) data on current operating capacity,
plication for a subgrant; good cause shown, the Secretary may waive taking into account previous operating ca-
(4) through at least December 31, 2020, con- the requirement under clause (i) for the pacity for a period of time prior to the
tinue to expend funds provided under the State, Indian tribe, or tribal organization. COVID–19 public health emergency, and up-
Child Care and Development Block Grant (B) RETURN OF FUNDS.—Not later than the dated group size limits and staff-to-child ra-
Act of 1990 (42 U.S.C. 9857 et seq.) for the pur- date that is 12 months after a grant is award- tios;
pose of continuing payments and assistance ed to a lead agency in accordance with this (III) child care enrollment, attendance, and
to qualified child care providers on the basis section, the lead agency shall return to the revenue projections based on current oper-
of applicable reimbursements prior to March Secretary any of the grant funds that are not ating capacity and previous enrollment and
2020; obligated by the lead agency by such date. revenue for the period described in subclause
(5) undertake a review of burdensome The Secretary shall return any funds re- (II); and
State, local, and tribal regulations and re- ceived under this subparagraph to the Treas- (IV) a demonstration of how the subgrant
quirements that hinder the opening of new ury of the United States. funds will assist in promoting the long-term
licensed child care programs to meet the (4) SUBGRANTS.— viability of the eligible child care provider
needs of the working families in the State or (A) IN GENERAL.—A lead agency that re- and how the eligible child care provider will
tribal community, as applicable; ceives a grant under subsection (c) shall sustain its operations after the cessation of
(6) make available to the public, which make subgrants to qualified child care pro- funding under this section;
shall include, at a minimum, posting to an viders to assist in paying for fixed costs and (ii) assurances that the eligible child care
internet website of the lead agency— increased operating expenses, for a transi- provider will—
(A) notice of funding availability through tion period of not more than 9 months, so (I) report to the lead agency, before every
subgrants for qualified child care providers that parents have a safe place for their chil- month for which the subgrant funds are to be
under this section; and dren to receive child care as the parents re- received, data on current financial charac-
(B) the criteria for awarding subgrants for turn to the workplace. teristics, including revenue, and data on cur-
qualified child care providers, including the (B) USE OF FUNDS.—A qualified child care rent average enrollment and attendance;
methodology the lead agency used to deter- provider may use subgrant funds for— (II) not artificially suppress revenue, en-
mine and disburse funds in accordance with (i) sanitation and other costs associated rollment, or attendance for the purposes of
subparagraphs (D) and (E) of subsection with cleaning the facility, including deep receiving subgrant funding;
(g)(4); and cleaning in the case of an outbreak of (III) provide the necessary documentation
(7) ensure the maintenance of a delivery COVID–19, of a child care program used to under subsection (h) to the lead agency, in-
system of child care services throughout the provide child care services; cluding providing documentation of expendi-
State that provides for child care in a vari- (ii) recruiting, retaining, and compen- tures of subgrant funds; and
ety of settings, including the settings of fam- sating child care staff, including providing (IV) implement all applicable State, local,
ily child care providers. professional development to the staff related and tribal health and safety requirements
(g) LEAD AGENCY USE OF FUNDS.— to child care services and applicable State, and, if applicable, enhanced protocols for
(1) IN GENERAL.—A lead agency that re- local, and tribal health and safety require- child care services and related to COVID–19
ceives a Back to Work Child Care grant ments and, if applicable, enhanced protocols or another health or safety condition; and
under this section— for child care services and related to COVID– (iii) a certification in good faith that the
(A) shall use a portion that is not less than 19 or another health or safety condition; child care program will remain open for not
94 percent of the grant funds to award sub- (iii) paying for fixed operating costs associ- less than 1 year after receiving a subgrant
grants to qualified child care providers as de- ated with providing child care services, in- under this paragraph, unless such program is
scribed in the lead agency’s assurances pur- cluding the costs of payroll, the continu- closed due to extraordinary circumstances
suant to subsection (f); ation of existing (as of March 1, 2020) em- described in subsection (f)(1)(D).
(B) shall reserve not more than 6 percent of ployee benefits, mortgage or rent, utilities, (D) SUBGRANT DISBURSEMENT.—In providing
the funds to— and insurance; funds through a subgrant under this para-
(i) use not less than 1 percent of the funds (iv) acquiring equipment and supplies (in- graph—
to provide technical assistance and support cluding personal protective equipment) nec- (i) the lead agency shall—
in applying for and accessing funding essary to provide child care services in a (I) disburse such subgrant funds to a quali-
through such subgrants to eligible child care manner that is safe for children and staff in fied child care provider in installments made
providers, including to rural providers, fam- accordance with applicable State, local, and not less than once monthly;
ily child care providers, and providers with tribal health and safety requirements; (II) disburse a subgrant installment for a
ctelli on DSK11ZRN23PROD with Senate
limited administrative capacity; and (v) replacing materials that are no longer month after the qualified child care provider
(ii) use the remainder of the reserved funds safe to use as a result of the COVID–19 public has provided, before that month, the enroll-
to— health emergency; ment, attendance, and revenue data required
(I) administer subgrants to qualified child (vi) making facility changes and repairs to under subparagraph (C)(ii)(I) and, if applica-
care providers under paragraph (4), which address enhanced protocols for child care ble, current operating capacity data required
shall include monitoring the compliance of services related to COVID–19 or another under subparagraph (C)(i)(II); and
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S5466 CONGRESSIONAL RECORD — SENATE September 8, 2020
(III) make subgrant installments to any (aa) setting; (A) in the first sentence of paragraph (1),
qualified child care provider for a period of (bb) average monthly revenues, enroll- by inserting ‘‘support for domestic manufac-
not more than 9 months; and ment, and attendance, before and during the turing surge capacity,’’ after ‘‘initiatives for
(ii) the lead agency may, notwithstanding COVID–19 public health emergency and after innovation,’’; and
subparagraph (E)(i), disburse an initial the expiration of State, local, and tribal (B) in paragraph (2)—
subgrant installment to a provider in a stay-at-home orders; and (i) in subparagraph (B), by striking ‘‘and’’
greater amount than that subparagraph pro- (cc) geographically based child care service at the end;
vides for, and adjust the succeeding install- needs across the State or tribal community; (ii) by redesignating subparagraph (C) as
ments, as applicable. and subparagraph (D); and
(E) SUBGRANT INSTALLMENT AMOUNT.—The (ii) the number of eligible child care pro- (iii) by inserting after subparagraph (B),
lead agency— viders in operation and serving children on the following:
(i) shall determine the amount of a March 1, 2020, and the average number of ‘‘(C) activities to support manufacturing
subgrant installment under this paragraph such providers for March 2020 and each of the surge capacities and capabilities to increase
by basing the amount on— 11 months following, disaggregated by age of the availability of existing medical counter-
(I)(aa) at a minimum, the fixed costs asso- children served, geography, region, center- measures and utilize existing novel plat-
ciated with the provision of child care serv- based child care setting, and family child forms to manufacture new medical counter-
ices by a qualified child care provider; and care setting; measures to meet manufacturing demands to
(bb) at the election of the lead agency, an (iii) the number of child care slots, in the address threats that pose a significant level
additional amount determined by the State, capacity of a qualified child care provider of risk to national security; and’’;
for the purposes of assisting qualified child given applicable group size limits and staff- (3) in subsection (c)—
care providers with, as applicable, increased to-child ratios, that were open for attend- (A) in paragraph (2)—
operating costs and lost revenue, associated ance of children on March 1, 2020, the aver- (i) in subparagraph (C), by striking ‘‘and’’
with the COVID–19 public health emergency; age number of such slots for March 2020 and at the end;
and each of 11 months following, disaggregated (ii) in subparagraph (D), by striking the pe-
(II) any other methodology that the lead by age of children served, geography, region, riod and inserting ‘‘; and’’; and
agency determines to be appropriate, and center-based child care setting, and family (iii) by adding at the end the following:
which is disclosed in reporting submitted by child care setting; ‘‘(E) promoting domestic manufacturing
the lead agency under subsection (f)(6)(B); (iv)(I) the number of qualified child care surge capacity and capabilities for counter-
(ii) shall ensure that, for any period for providers that received a subgrant under measure advanced research and develop-
which subgrant funds are disbursed under subsection (g)(4), disaggregated by age of ment, including facilitating contracts to
this paragraph, no qualified child care pro- children served, geography, region, center- support flexible or surge manufacturing.’’;
vider receives a subgrant installment that based child care setting, and family child (B) in paragraph (4)—
when added to current revenue for that pe- care setting, and the average and range of (i) in subparagraph (B)—
riod exceeds the revenue for the cor- the amounts of the subgrants awarded; and (I) in clause (iii), by striking ‘‘and’’ at the
responding period 1 year prior; and (II) the percentage of all eligible child care end;
(iii) may factor in decreased operating ca- (II) in clause (iv), by striking the period
providers that are qualified child care pro-
pacity due to updated group size limits and and inserting ‘‘; and’’; and
viders that received such a subgrant,
staff-to-child ratios, in determining subgrant (III) by adding at the end the following:
disaggregated as described in subclause (I);
installment amounts. ‘‘(v) support and maintain domestic manu-
and
(F) REPAYMENT OF SUBGRANT FUNDS.—A facturing surge capacity and capabilities, in-
(v) information concerning how qualified
qualified child care provider that receives a cluding through contracts to support flexible
child care providers receiving subgrants
subgrant under this paragraph shall be re- or surge manufacturing, to ensure that addi-
under subsection (g)(4) used the subgrant
quired to repay the subgrant funds if the tional production of countermeasures is
funding received, disaggregated by the allow-
lead agency determines that the provider available in the event that the Secretary de-
able uses of funds described in subsection
fails to provide the assurances described in termines there is such a need for additional
subparagraph (C)(ii)(II), or to comply with (g)(4)(B). production.’’;
such an assurance. (B) REPORT TO CONGRESS.—Not later than (ii) in subparagraph (D)—
(5) SUPPLEMENT NOT SUPPLANT.—Amounts 90 days after receiving the lead agency re- (I) in clause (ii), by striking ‘‘and’’ at the
made available to carry out this section ports required under subparagraph (A), the end;
shall be used to supplement and not supplant Secretary shall make publicly available and (II) by redesignating clause (iii) as clause
other Federal, State, tribal, and local public provide to the Committee on Health, Edu- (iv); and
funds expended to provide child care serv- cation, Labor, and Pensions of the Senate (III) by inserting after clause (ii) the fol-
ices, including funds provided under the and the Committee on Education and Labor lowing:
Child Care and Development Block Grant of the House of Representatives a report ‘‘(iii) research to advance manufacturing
Act of 1990 (42 U.S.C. 9857 et seq.) and State summarizing the findings of the lead agency capacities and capabilities for medical coun-
and tribal child care programs. reports. termeasures and platform technologies that
(h) DOCUMENTATION AND REPORTING RE- (i) AUTHORIZATION OF APPROPRIATIONS.— may be utilized for medical counter-
QUIREMENTS.— There are authorized to be appropriated such measures; and’’; and
(1) DOCUMENTATION.—A State, Indian tribe, sums as may be necessary to carry out the (iii) in subparagraph (E), by striking clause
or tribal organization receiving a grant activities under this section. (ix); and
under subsection (c) shall provide docu- (j) EXCLUSION FROM INCOME.—For purposes (C) in paragraph (7)(C)(i), by striking ‘‘up
mentation of any State or tribal expendi- of the Internal Revenue Code of 1986, gross to 100 highly qualified individuals, or up to
tures from grant funds received under sub- income shall not include any amount re- 50 percent of the total number of employees,
section (c) in accordance with section ceived by a qualified child care provider whichever is less,’’ and inserting ‘‘75 percent
658K(b) of the Child Care Development Block under this section. of the total number of employees’’;
Grant Act of 1990 (42 U.S.C. 9858i(b)), and to TITLE VII—PANDEMIC PREPARATION AND (4) in subsection (e)(1)—
the independent entity described in that sec- STRATEGIC STOCKPILE (A) by redesignating subparagraphs (B)
tion. SEC. 7001. SUSTAINED ON-SHORE MANUFAC- through (D) as subparagraphs (C) through
(2) REPORTS.— TURING CAPACITY FOR PUBLIC (E), respectively; and
(A) LEAD AGENCY REPORT.—A lead agency HEALTH EMERGENCIES. (B) by inserting after subparagraph (A),
receiving a grant under subsection (c) shall, (a) IN GENERAL.—Section 319L of the Public the following:
not later than 12 months after receiving such Health Service Act (42 U.S.C. 247d–7e) is ‘‘(B) TEMPORARY FLEXIBILITY.—During a
grant, submit a report to the Secretary that amended— public health emergency under section 319,
includes for the State or tribal community (1) in subsection (a)(6)(B)— the Secretary shall be provided with an addi-
involved a description of the program of sub- (A) by redesignating clauses (iv) and (v) as tional 60 business days to comply with infor-
grants carried out to meet the objectives of clauses (v) and (vi), respectively; mation requests for the disclosure of infor-
this section, including— (B) by inserting after clause (iii), the fol- mation under section 552 of title 5, United
(i) a description of how the lead agency de- lowing: States Code, related to the activities under
termined— ‘‘(iv) activities to support domestic manu- this section (unless such activities are other-
(I) the criteria for awarding subgrants for facturing surge capacity of products or plat- wise exempt under subparagraph (A)).’’; and
qualified child care providers, including the form technologies, including manufacturing (5) in subsection (f)—
methodology the lead agency used to deter- capacity and capabilities to utilize platform (A) in paragraph (1), by striking ‘‘Not later
ctelli on DSK11ZRN23PROD with Senate
mine and disburse funds in accordance with technologies to provide for flexible manufac- than 180 days after the date of enactment of
subparagraphs (D) and (E) of subsection turing initiatives;’’; and this subsection’’ and inserting ‘‘Not later
(g)(4); and (C) in clause (vi) (as so redesginated), by than 180 days after the date of enactment of
(II) the types of providers that received inserting ‘‘manufacture,’’ after ‘‘improve- the Delivering Immediate Relief to Amer-
priority for the subgrants, including consid- ment,’’; ica’s Families, Schools and Small Businesses
erations related to— (2) in subsection (b)— Act’’; and
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5467
(B) in paragraph (2), by striking ‘‘Not later this subsection unless the applicant agrees, ‘‘(4) STATE PLAN COORDINATION.—The eligi-
than 1 year after the date of enactment of with respect to the costs to be incurred by ble entity under this subsection shall ensure
this subsection’’ and inserting ‘‘Not later the applicant in carrying out the purpose de- appropriate coordination of the State stock-
than 1 year after the date of enactment of scribed in this subsection, to make available pile plan developed pursuant to paragraph
theDelivering Immediate Relief to America’s non-Federal contributions toward such costs (2)(A)(ii) and the plans required pursuant to
Families, Schools and Small Businesses in an amount equal to— section 319C–1.
Act’’. ‘‘(I) for each of fiscal years 2023 and 2024, ‘‘(5) GUIDANCE FOR STATES.—Not later than
(b) MEDICAL COUNTERMEASURE INNOVATION not less than $1 for each $10 of Federal funds 180 days after the date of enactment of this
PARTNER.—The restrictions under section 202 provided in the award; subsection, the Secretary, acting through
of division A of the Further Consolidated Ap- ‘‘(II) for each of fiscal years 2025 and 2026,
propriations Act, 2020 (Public Law 116–94), or the Assistant Secretary for Preparedness and
not less than $1 for each $5 of Federal funds Response, shall issue guidance for States re-
any other provision of law imposing a re- provided in the award; and
striction on salaries of individuals related to lated to maintaining and replenishing a
‘‘(III) for fiscal year 2027 and each fiscal stockpile of medical products. The Secretary
a previous appropriation to the Department
year thereafter, not less than $1 for each $3 shall update such guidance as appropriate.
of Health and Human Services, shall not
of Federal funds provided in the award. ‘‘(6) ASSISTANCE TO STATES.—The Secretary
apply with respect to salaries paid pursuant
to an agreement under the medical counter- ‘‘(ii) WAIVER.— shall provide assistance to States, including
measure innovation partner program under ‘‘(I) IN GENERAL.—The Secretary may, upon technical assistance, as appropriate, to
section 319L(c)(4)(E) of the Public Health the request of a State, waive the require- maintain and improve State and local public
Service Act (42 U.S.C. 247d–7e(c)(4)(E)). ment under clause (i) in whole or in part if health preparedness capabilities to dis-
SEC. 7002. IMPROVING AND SUSTAINING STATE the Secretary determines that extraordinary tribute and dispense medical products from a
MEDICAL STOCKPILES. economic conditions in the State in the fis- State stockpile.
Section 319F–2 of the Public Health Service cal year involved or in the previous fiscal ‘‘(7) COORDINATION WITH THE STRATEGIC NA-
Act (42 U.S.C. 247d–6b) is amended by adding year justify the waiver.
TIONAL STOCKPILE.—Each recipient of an
at the end the following: ‘‘(II) APPLICABILITY OF WAIVER.—A waiver
award under this subsection shall ensure
‘‘(i) IMPROVING AND MAINTAINING STATE provided by the Secretary under this sub-
that the State stockpile plan developed pur-
MEDICAL STOCKPILES.— paragraph shall apply only to the fiscal year
suant to paragraph (2)(A)(ii) contains such
‘‘(1) IN GENERAL.—The Secretary, acting involved.
information as the Secretary may require re-
through the Assistant Secretary for Pre- ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE-
paredness and Response, shall award grants, MENTS.—A recipient of a grant, contract, or
lated to current inventory of supplies main-
contracts, or cooperative agreements to eli- cooperative agreement under this subsection tained pursuant to paragraph (3), and any
gible entities to maintain a stockpile of ap- shall use such funds to carry out the fol- plans to replenish such supplies, or procure
propriate drugs, vaccines and other biologi- lowing: new or alternative supplies. The Secretary
cal products, medical devices, and other ‘‘(A) Maintaining a stockpile of appro- shall use information obtained from State
medical supplies (including personal protec- priate drugs, vaccines and other biological stockpile plans to inform the maintenance
tive equipment, ancillary medical supplies, products, medical devices, and other supplies and management of the Strategic National
and other applicable supplies required for (including personal protective equipment, Stockpile pursuant to subsection (a).
the administration of drugs, vaccines and ancillary medical supplies, and other appli- ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.—
other biological products, medical devices, cable supplies required for the administra- ‘‘(A) IN GENERAL.—The Secretary, acting
and diagnostic tests) to be used during a pub- tion of drugs, vaccines and other biological through the Assistant Secretary for Pre-
lic health emergency declared by the Gov- products, medical devices, and diagnostic paredness and Response, shall develop and
ernor of a State or by the Secretary under tests) to be used during a public health emer- implement a process to review and audit en-
section 319, or a major disaster or emergency gency in such numbers, types, and amounts tities in receipt of an award under this sub-
declared by the President under section 401 as the State determines necessary, con- section, including by establishing metrics to
or 501, respectively, of the Robert T. Stafford sistent with such State’s stockpile plan. ensure that each entity receiving such an
Disaster Relief and Emergency Assistance Such a recipient may not use funds to sup- award is carrying out activities in accord-
Act, in order to support the preparedness port the stockpiling of countermeasures as ance with the applicable State stockpile
goals described in paragraphs (2), (3), and (8) defined under subsection (c), unless the eligi- plan. The Secretary may require entities
of section 2802(b). ble entity provides justification for main- to—
‘‘(2) ELIGIBLE ENTITIES.— taining such products and the Secretary de- ‘‘(i) measure progress toward achieving the
‘‘(A) IN GENERAL.—To be eligible to receive termines such appropriate and applicable. outcome goals; and
an award under paragraph (1), an entity ‘‘(B) Deploying the stockpile as required by ‘‘(ii) at least annually, test, exercise, and
shall— the State to respond to an actual or poten- rigorously evaluate the stockpile capacity
‘‘(i) be a State or consortium of States tial public health emergency. and response capabilities of the entity, and
that is a recipient of an award under section ‘‘(C) Replenishing and making necessary report to the Secretary on the results of such
319C–1(b); and additions or modifications to the contents of test, exercise, and evaluation, and on
‘‘(ii) prepare, in consultation with appro- such stockpile or stockpiles, including to ad- progress toward achieving outcome goals,
priate health care providers and health offi- dress potential depletion. based on criteria established by the Sec-
cials within the State or consortium of ‘‘(D) In consultation with Federal, State, retary.
States, and submit to the Secretary an appli- and local officials, take into consideration ‘‘(B) NOTIFICATION OF FAILURE.—The Sec-
cation that contains such information as the the availability, deployment, dispensing, and retary shall develop and implement a process
Secretary may require, including a plan for administration requirements of medical to notify entities that are determined by the
the State stockpile and a description of the products within the stockpile. Secretary to have failed to meet the require-
activities such entity will carry out under ‘‘(E) Ensuring that procedures are followed ments of the terms of an award under this
the agreement, consistent with the require- for inventory management and accounting,
subsection. Such process shall provide such
ments of paragraph (3). and for the physical security of the stock-
entities with the opportunity to correct such
‘‘(B) LIMITATION.—The Secretary may pile, as appropriate.
noncompliance. An entity that fails to cor-
make an award under this subsection to not ‘‘(F) Reviewing and revising, as appro-
rect such noncompliance shall be subject to
more than one eligible entity in each State. priate, the contents of the stockpile on a
subparagraph (C).
‘‘(C) SUPPLEMENT NOT SUPPLANT.—Awards, regular basis to ensure that to the extent
contracts, or grants awarded under this sub- practicable, advanced technologies and med- ‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS
FROM ENTITIES THAT FAIL TO ACHIEVE BENCH-
section shall supplement, not supplant, the ical products are considered.
MARKS OR SUBMIT STATE STOCKPILE PLAN.—
reserve amounts of medical supplies pro- ‘‘(G) Carrying out exercises, drills, and
cured by and for the Strategic National other training for purposes of stockpile de- Beginning with fiscal year 2022, and in each
Stockpile under subsection (a). ployment, dispensing, and administration of succeeding fiscal year, the Secretary shall
‘‘(D) ADMINISTRATIVE EXPENSES.—Not more medical products, and for purposes of assess- withhold from each entity that has failed
than 5 percent of amounts received by an en- ing the capability of such stockpile to ad- substantially to meet the terms of an award
tity pursuant to an award under this sub- dress the medical supply needs of public under this subsection for at least 1 of the 2
section may be used for administrative ex- health emergencies of varying types and immediately preceding fiscal years (begin-
penses. scales, which may be conducted in accord- ning with fiscal year 2022), the amount al-
‘‘(E) CLARIFICATION.—An eligible entity re- ance with requirements related to exercises, lowed for administrative expenses described
ceiving an award under this subsection may drills, and other training for recipients of in described in paragraph (2)(D).
ctelli on DSK11ZRN23PROD with Senate
assign a lead entity to manage the State awards under section 319C–1 or 319C–2, as ap- ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—
stockpile, which may be a recipient of an plicable. For the purpose of carrying out this sub-
award under section 319C–2(b). ‘‘(H) Carrying out other activities as the section, there are authorized to be appro-
‘‘(F) REQUIREMENT OF MATCHING FUNDS.— State determines appropriate, to support priated $1,000,000,000 for each of fiscal years
‘‘(i) IN GENERAL.—Subject to clause (ii), the State efforts to prepare for, and respond to, 2021 through 2030, to remain available until
Secretary may not make an award under public health threats. expended.’’.
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S5468 CONGRESSIONAL RECORD — SENATE September 8, 2020
SEC. 7003. STRENGTHENING THE STRATEGIC NA- individual to whom section 63(b) applies for demand, supply, and other factors to allow
TIONAL STOCKPILE. such taxable year, the deduction under sec- informed actions to be taken to avoid supply
Section 319F–2 of the Public Health Service tion 170(a) (determined without regard to shortages, mitigate price volatility, and pre-
Act (42 U.S.C. 247d–6b) is amended— section 170(b)) for qualified charitable con- pare for demand growth and other market
(1) in subsection (a)— tributions (not in excess of the applicable shifts;’’;
(A) in paragraph (2)(A), by adding ‘‘and the amount).’’. (B) in paragraph (6), by striking ‘‘and’’
contracts issued under paragraph (5)’’ after (2) APPLICABLE AMOUNT.—Paragraph (1) of after the semicolon at the end; and
‘‘paragraph (1)’’ section 62(f) of the Internal Revenue Code of (C) by striking paragraph (7) and inserting
(B) in paragraph (3)(F), by striking ‘‘Sec- 1986 is amended to read as follows: the following:
retary of Homeland Security’’ and inserting ‘‘(1) APPLICABLE AMOUNT.—The term ‘appli- ‘‘(7) facilitate the availability, develop-
‘‘Secretary of Health and Human Services, in cable amount’ means $600 (twice such ment, and environmentally responsible pro-
coordination with or at the request of, the amount in the case of a joint return).’’. duction of domestic resources to meet na-
Secretary of Homeland Security,’’; (3) CONFORMING AMENDMENT.—Section tional material or critical mineral needs;
(C) by redesignating paragraph (5) as para- 62(f)(2)(B) of such Code is amended by strik- ‘‘(8) avoid duplication of effort, prevent un-
graph (6); ing ‘‘(determined without regard to sub- necessary paperwork, and minimize delays in
(D) by inserting after paragraph (4) the fol- section (b) thereof)’’. the administration of applicable laws (in-
lowing: (b) PENALTY FOR UNDERPAYMENTS ATTRIB- cluding regulations) and the issuance of per-
‘‘(5) SURGE CAPACITY.—The Secretary, in UTABLE TO OVERSTATED DEDUCTION.— mits and authorizations necessary to explore
maintaining the stockpile under paragraph (1) IN GENERAL.—Section 6662(b) of the In- for, develop, and produce critical minerals
(1) and carrying out procedures under para- ternal Revenue Code of 1986 is amended by and to construct critical mineral manufac-
graph (3), may— inserting after paragraph (8) the following: turing facilities in accordance with applica-
‘‘(A) enter into contracts or cooperative ‘‘(9) Any overstatement of qualified chari- ble environmental and land management
agreements with vendors for procurement, table contributions (as defined in section laws;
maintenance, and storage of reserve amounts 62(f)).’’. ‘‘(9) strengthen—
of drugs, vaccines and other biological prod- (2) INCREASED PENALTY.—Section 6662 of ‘‘(A) educational and research capabilities
ucts, medical devices, and other medical sup- such Code is amended by adding at the end at not lower than the secondary school level;
plies (including personal protective equip- the following new subsection:
ment, ancillary medical supplies, and other and
‘‘(l) INCREASE IN PENALTY IN CASE OF OVER-
applicable supplies required for the adminis- ‘‘(B) workforce training for exploration
STATEMENT OF QUALIFIED CHARITABLE CON-
tration of drugs, vaccines and other biologi- TRIBUTIONS.—In the case of any portion of an
and development of critical minerals and
cal products, medical devices, and diagnostic underpayment which is attributable to one critical mineral manufacturing;
tests in the stockpile), under such terms and or more overstatements of a qualified chari- ‘‘(10) bolster international cooperation
conditions (including quantity, production table contribution (as defined in section through technology transfer, information
schedule, maintenance costs, and price of 62(f)), subsection (a) shall be applied with re- sharing, and other means;
product) as the Secretary may specify, in- spect to such portion by substituting ‘50 per- ‘‘(11) promote the efficient production, use,
cluding for purposes of— cent’ for ‘20 percent’.’’. and recycling of critical minerals;
‘‘(i) maintenance and storage of reserve (3) EXCEPTION TO APPROVAL OF ASSESS- ‘‘(12) develop alternatives to critical min-
amounts of products intended to be delivered MENT.—Section 6751(b)(2)(A) is amended by erals; and
to the ownership of the Federal Government striking ‘‘or 6655’’ and inserting ‘‘6655, or 6662 ‘‘(13) establish contingencies for the pro-
under the contract, which may consider (but only with respect to an addition to tax duction of, or access to, critical minerals for
costs of shipping, or otherwise transporting, by reason of subsection (b)(9) thereof)’’. which viable sources do not exist within the
handling, storage, and related costs for such (c) EFFECTIVE DATE.—The amendments United States.’’.
product or products; and made by this section shall apply to taxable (2) CONFORMING AMENDMENT.—Section 2(b)
‘‘(ii) maintaining domestic manufacturing years beginning after December 31, 2019. of the National Materials and Minerals Pol-
capacity of such products to ensure addi- TITLE X—CRITICAL MINERALS icy, Research and Development Act of 1980
tional reserved production capacity of such SEC. 10001. MINERAL SECURITY. (30 U.S.C. 1601(b)) is amended by striking ‘‘(b)
products is available, and that such products (a) DEFINITIONS.—In this section: As used in this Act, the term’’ and inserting
are provided in a timely manner, to be deliv- (1) BYPRODUCT.—The term ‘‘byproduct’’ the following:
ered to the ownership of the Federal Govern- means a critical mineral— ‘‘(b) DEFINITIONS.—In this Act:
ment under the contract and deployed in the (A) the recovery of which depends on the ‘‘(1) CRITICAL MINERAL.—The term ‘critical
event that the Secretary determines that production of a host mineral that is not des- mineral’ means any mineral, element, sub-
there is a need to quickly purchase addi- ignated as a critical mineral; and stance, or material designated as critical by
tional quantities of such product; and (B) that exists in sufficient quantities to the Secretary under section 3168(c) of the Na-
‘‘(B) promulgate such regulations as the be recovered during processing or refining. tional Defense Authorization Act for Fiscal
Secretary determines necessary to imple- (2) CRITICAL MINERAL.— Year 2021.
ment this paragraph.’’; and (A) IN GENERAL.—The term ‘‘critical min- ‘‘(2) MATERIALS.—The term’’.
(E) in subparagraph (A) of paragraph (6), as eral’’ means any mineral, element, sub- (c) CRITICAL MINERAL DESIGNATIONS.—
so redesignated— stance, or material designated as critical by (1) DRAFT METHODOLOGY AND LIST.—The
(i) in clause (viii), by striking ‘‘; and’’ and the Secretary under subsection (c). Secretary, acting through the Director of
inserting a semicolon; (B) EXCLUSIONS.—The term ‘‘critical min- the United States Geological Survey (re-
(ii) in clause (ix), by striking the period eral’’ does not include— ferred to in this subsection as the ‘‘Sec-
and inserting ‘‘; and’’; and (i) fuel minerals, including oil, natural gas, retary’’), shall publish in the Federal Reg-
(iii) by adding at the end the following: or any other fossil fuels; or ister for public comment—
‘‘(x) an assessment of the contracts or co- (ii) water, ice, or snow. (A) a description of the draft methodology
operative agreements entered into pursuant (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ used to identify a draft list of critical min-
to paragraph (5).’’; and has the meaning given the term in section 4 erals;
(2) in subsection (c)(2)(C), by striking ‘‘on of the Indian Self-Determination and Edu- (B) a draft list of minerals, elements, sub-
an annual basis’’ and inserting ‘‘not later cation Assistance Act (25 U.S.C. 5304). stances, and materials that qualify as crit-
than March 15 of each year’’. (4) SECRETARY.—The term ‘‘Secretary’’ ical minerals; and
TITLE VIII—CORONAVIRUS RELIEF FUND means the Secretary of the Interior. (C) a draft list of critical minerals recov-
EXTENSION (5) STATE.—The term ‘‘State’’ means— ered as byproducts.
SEC. 8001. EXTENSION OF PERIOD TO USE (A) a State; (2) AVAILABILITY OF DATA.—If available
CORONAVIRUS RELIEF FUND PAY- (B) the District of Columbia; data is insufficient to provide a quantitative
MENTS. (C) the Commonwealth of Puerto Rico; basis for the methodology developed under
Section 601(d)(3) of the Social Security Act (D) Guam; this subsection, qualitative evidence may be
(42 U.S.C. 801(d)(3)) is amended by striking (E) American Samoa; used to the extent necessary.
‘‘December 30, 2020’’ and inserting ‘‘Sep- (F) the Commonwealth of the Northern (3) FINAL METHODOLOGY AND LIST.—After
tember 30, 2021’’. Mariana Islands; and reviewing public comments on the draft
TITLE IX—CHARITABLE GIVING (G) the United States Virgin Islands. methodology and the draft lists published
SEC. 9001. INCREASE IN LIMITATION ON PARTIAL (b) POLICY.— under paragraph (1) and updating the meth-
ABOVE THE LINE DEDUCTION FOR (1) IN GENERAL.—Section 3 of the National odology and lists as appropriate, not later
CHARITABLE CONTRIBUTIONS. Materials and Minerals Policy, Research and than 45 days after the date on which the pub-
ctelli on DSK11ZRN23PROD with Senate
(a) INCREASE.— Development Act of 1980 (30 U.S.C. 1602) is lic comment period with respect to the draft
(1) IN GENERAL.—Paragraph (22) of section amended in the second sentence— methodology and draft lists closes, the Sec-
62(a) of the Internal Revenue Code of 1986 is (A) by striking paragraph (3) and inserting retary shall publish in the Federal Reg-
amended to read as follows: the following: ister—
‘‘(22) CHARITABLE CONTRIBUTIONS.—In the ‘‘(3) establish an analytical and forecasting (A) a description of the final methodology
case of a taxable year beginning in 2020 of an capability for identifying critical mineral for determining which minerals, elements,
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5469
substances, and materials qualify as critical cluding probability estimates of tonnage and production and the mineral security of the
minerals; grade, using all available public and private United States.
(B) the final list of critical minerals; and information and datasets, including explo- (2) PERFORMANCE IMPROVEMENTS.—To im-
(C) the final list of critical minerals recov- ration histories. prove the quality and timeliness of decisions,
ered as byproducts. (2) SUPPLEMENTARY INFORMATION.—In car- the Secretary (acting through the Director
(4) DESIGNATIONS.— rying out this subsection, the Secretary may of the Bureau of Land Management) and the
(A) IN GENERAL.—For purposes of carrying carry out surveys and field work (including Secretary of Agriculture (acting through the
out this subsection, the Secretary shall drilling, remote sensing, geophysical sur- Chief of the Forest Service) (referred to in
maintain a list of minerals, elements, sub- veys, topographical and geological mapping, this subsection as the ‘‘Secretaries’’) shall,
stances, and materials designated as critical, and geochemical sampling and analysis) to to the maximum extent practicable, with re-
pursuant to the final methodology published supplement existing information and spect to critical mineral production on Fed-
under paragraph (3), that the Secretary de- datasets available for determining the exist- eral land, complete Federal permitting and
termines— ence of critical minerals in the United review processes with maximum efficiency
(i) are essential to the economic or na- States. and effectiveness, while supporting vital eco-
tional security of the United States; (3) PUBLIC ACCESS.—Subject to applicable nomic growth, by—
(ii) the supply chain of which is vulnerable law, to the maximum extent practicable, the (A) establishing and adhering to timelines
to disruption (including restrictions associ- Secretary shall make all data and metadata and schedules for the consideration of, and
ated with foreign political risk, abrupt de- collected from the comprehensive national final decisions regarding, applications, oper-
mand growth, military conflict, violent un- assessment carried out under paragraph (1) ating plans, leases, licenses, permits, and
rest, anti-competitive or protectionist be- publically and electronically accessible. other use authorizations for mineral-related
haviors, and other risks throughout the sup- (4) TECHNICAL ASSISTANCE.—At the request activities on Federal land;
ply chain); and of the Governor of a State or the head of an (B) establishing clear, quantifiable, and
(iii) serve an essential function in the man- Indian tribe, the Secretary may provide temporal permitting performance goals and
ufacturing of a product (including energy technical assistance to State governments tracking progress against those goals;
technology-, defense-, currency-, agriculture- and Indian tribes conducting critical mineral (C) engaging in early collaboration among
, consumer electronics-, and health care-re- resource assessments on non-Federal land. agencies, project sponsors, and affected
lated applications), the absence of which (5) PRIORITIZATION.— stakeholders—
would have significant consequences for the (A) IN GENERAL.—The Secretary may se- (i) to incorporate and address the interests
economic or national security of the United quence the completion of resource assess- of those parties; and
States. ments for each critical mineral such that (ii) to minimize delays;
(B) INCLUSIONS.—Notwithstanding the cri- critical minerals considered to be most crit- (D) ensuring transparency and account-
teria under paragraph (3), the Secretary may ical under the methodology established ability by using cost-effective information
designate and include on the list any min- under subsection (c) are completed first. technology to collect and disseminate infor-
eral, element, substance, or material deter- (B) REPORTING.—During the period begin- mation regarding individual projects and
mined by another Federal agency to be stra- ning not later than 1 year after the date of agency performance;
tegic and critical to the defense or national enactment of this Act and ending on the date (E) engaging in early and active consulta-
security of the United States. of completion of all of the assessments re- tion with State, local, and Indian tribal gov-
(C) REQUIRED CONSULTATION.—The Sec- quired under this subsection, the Secretary ernments to avoid conflicts or duplication of
retary shall consult with the Secretaries of shall submit to Congress on an annual basis effort, resolve concerns, and allow for con-
Defense, Commerce, Agriculture, and Energy an interim report that— current, rather than sequential, reviews;
and the United States Trade Representative (i) identifies the sequence and schedule for (F) providing demonstrable improvements
in designating minerals, elements, sub- completion of the assessments if the Sec- in the performance of Federal permitting
stances, and materials as critical under this retary sequences the assessments; or and review processes, including lower costs
paragraph. (ii) describes the progress of the assess- and more timely decisions;
(5) SUBSEQUENT REVIEW.— ments if the Secretary does not sequence the (G) expanding and institutionalizing per-
(A) IN GENERAL.—The Secretary, in con- assessments. mitting and review process improvements
sultation with the Secretaries of Defense, (6) UPDATES.—The Secretary may periodi- that have proven effective;
Commerce, Agriculture, and Energy and the cally update the assessments conducted (H) developing mechanisms to better com-
United States Trade Representative, shall under this subsection based on— municate priorities and resolve disputes
review the methodology and list under para- (A) the generation of new information or among agencies at the national, regional,
graph (3) and the designations under para- datasets by the Federal Government; or State, and local levels; and
graph (4) at least every 3 years, or more fre- (B) the receipt of new information or (I) developing other practices, such as
quently as the Secretary considers to be ap- datasets from critical mineral producers, preapplication procedures.
propriate. State geological surveys, academic institu- (3) REVIEW AND REPORT.—Not later than 1
(B) REVISIONS.—Subject to paragraph tions, trade associations, or other persons. year after the date of enactment of this Act,
(4)(A), the Secretary may— (7) ADDITIONAL SURVEYS.—The Secretary the Secretaries shall submit to Congress a
(i) revise the methodology described in this shall complete a resource assessment for report that—
subsection; each additional mineral or element subse- (A) identifies additional measures (includ-
(ii) determine that minerals, elements, quently designated as a critical mineral ing regulatory and legislative proposals, as
substances, and materials previously deter- under subsection (c)(5)(B) not later than 2 appropriate) that would increase the timeli-
mined to be critical minerals are no longer years after the designation of the mineral or ness of permitting activities for the explo-
critical minerals; and element. ration and development of domestic critical
(iii) designate additional minerals, ele- (8) REPORT.—Not later than 2 years after minerals;
ments, substances, or materials as critical the date of enactment of this Act, the Sec- (B) identifies options (including cost recov-
minerals. retary shall submit to Congress a report de- ery paid by permit applicants) for ensuring
(6) NOTICE.—On finalization of the method- scribing the status of geological surveying of adequate staffing and training of Federal en-
ology and the list under paragraph (3), or any Federal land for any mineral commodity— tities and personnel responsible for the con-
revision to the methodology or list under (A) for which the United States was de- sideration of applications, operating plans,
paragraph (5), the Secretary shall submit to pendent on a foreign country for more than leases, licenses, permits, and other use au-
Congress written notice of the action. 25 percent of the United States supply, as de- thorizations for critical mineral-related ac-
(d) RESOURCE ASSESSMENT.— picted in the report issued by the United tivities on Federal land;
(1) IN GENERAL.—Not later than 4 years States Geological Survey entitled ‘‘Mineral (C) quantifies the amount of time typically
after the date of enactment of this Act, in Commodity Summaries 2020’’; but required (including range derived from min-
consultation with applicable State (includ- (B) that is not designated as a critical min- imum and maximum durations, mean, me-
ing geological surveys), local, academic, in- eral under subsection (c). dian, variance, and other statistical meas-
dustry, and other entities, the Secretary (e) PERMITTING.— ures or representations) to complete each
(acting through the Director of the United (1) SENSE OF CONGRESS.—It is the sense of step (including those aspects outside the
States Geological Survey) or a designee of Congress that— control of the executive branch, such as judi-
the Secretary, shall complete a comprehen- (A) critical minerals are fundamental to cial review, applicant decisions, or State and
sive national assessment of each critical the economy, competitiveness, and security local government involvement) associated
mineral that— of the United States; with the development and processing of ap-
(A) identifies and quantifies known critical (B) to the maximum extent practicable, plications, operating plans, leases, licenses,
ctelli on DSK11ZRN23PROD with Senate
mineral resources, using all available public the critical mineral needs of the United permits, and other use authorizations for
and private information and datasets, in- States should be satisfied by minerals re- critical mineral-related activities on Federal
cluding exploration histories; and sponsibly produced and recycled in the land, which shall serve as a baseline for the
(B) provides a quantitative and qualitative United States; and performance metric under paragraph (4); and
assessment of undiscovered critical mineral (C) the Federal permitting process has (D) describes actions carried out pursuant
resources throughout the United States, in- been identified as an impediment to mineral to paragraph (2).
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S5470 CONGRESSIONAL RECORD — SENATE September 8, 2020
(4) PERFORMANCE METRIC.—Not later than (g) RECYCLING, EFFICIENCY, AND ALTER- oping and maintaining computer-models and
90 days after the date of submission of the NATIVES.— similar analytical tools, shall conduct and
report under paragraph (3), the Secretaries, (1) ESTABLISHMENT.—The Secretary of En- publish the results of an annual report that
after providing public notice and an oppor- ergy (referred to in this subsection as the includes—
tunity to comment, shall develop and pub- ‘‘Secretary’’) shall conduct a program of re- (A) as part of the annually published Min-
lish a performance metric for evaluating the search and development— eral Commodity Summaries from the United
progress made by the executive branch to ex- (A) to promote the efficient production, States Geological Survey, a comprehensive
pedite the permitting of activities that will use, and recycling of critical minerals review of critical mineral production, con-
increase exploration for, and development of, throughout the supply chain; and sumption, and recycling patterns, includ-
domestic critical minerals, while maintain- (B) to develop alternatives to critical min- ing—
ing environmental standards. erals that do not occur in significant abun- (i) the quantity of each critical mineral do-
(5) ANNUAL REPORTS.—Beginning with the dance in the United States. mestically produced during the preceding
first budget submission by the President (2) COOPERATION.—In carrying out the pro- year;
under section 1105 of title 31, United States gram, the Secretary shall cooperate with ap- (ii) the quantity of each critical mineral
Code, after publication of the performance propriate— domestically consumed during the preceding
metric required under paragraph (4), and an- (A) Federal agencies and National Labora- year;
nually thereafter, the Secretaries shall sub- tories; (iii) market price data or other price data
mit to Congress a report that— (B) critical mineral producers; for each critical mineral;
(A) summarizes the implementation of rec- (C) critical mineral processors; (iv) an assessment of—
ommendations, measures, and options identi- (D) critical mineral manufacturers; (I) critical mineral requirements to meet
fied in subparagraphs (A) and (B) of para- (E) trade associations; the national security, energy, economic, in-
graph (3); (F) academic institutions; dustrial, technological, and other needs of
(B) using the performance metric under (G) small businesses; and the United States during the preceding year;
paragraph (4), describes progress made by the (H) other relevant entities or individuals. (II) the reliance of the United States on
executive branch, as compared to the base- (3) ACTIVITIES.—Under the program, the foreign sources to meet those needs during
line established pursuant to paragraph (3)(C), Secretary shall carry out activities that in- the preceding year; and
on expediting the permitting of activities clude the identification and development (III) the implications of any supply short-
that will increase exploration for, and devel- of— ages, restrictions, or disruptions during the
opment of, domestic critical minerals; and (A) advanced critical mineral extraction, preceding year;
(C) compares the United States to other production, separation, alloying, or proc- (v) the quantity of each critical mineral
countries in terms of permitting efficiency essing technologies that decrease the energy domestically recycled during the preceding
and any other criteria relevant to the glob- consumption, environmental impact, and year;
ally competitive critical minerals industry. costs of those activities, including— (vi) the market penetration during the pre-
(6) INDIVIDUAL PROJECTS.—Using data from (i) efficient water and wastewater manage- ceding year of alternatives to each critical
the Secretaries generated under paragraph ment strategies; mineral;
(ii) technologies and management strate- (vii) a discussion of international trends
(5), the Director of the Office of Management
gies to control the environmental impacts of associated with the discovery, production,
and Budget shall prioritize inclusion of indi-
radionuclides in ore tailings; consumption, use, costs of production,
vidual critical mineral projects on the
(iii) technologies for separation and proc- prices, and recycling of each critical mineral
website operated by the Office of Manage-
essing; and as well as the development of alternatives to
ment and Budget in accordance with section
(iv) technologies for increasing the recov- critical minerals; and
1122 of title 31, United States Code.
ery rates of byproducts from host metal ores; (viii) such other data, analyses, and eval-
(7) REPORT OF SMALL BUSINESS ADMINISTRA-
(B) technologies or process improvements uations as the Secretary finds are necessary
TION.—Not later than 1 year and 300 days
that minimize the use, or lead to more effi- to achieve the purposes of this subsection;
after the date of enactment of this Act, the
cient use, of critical minerals across the full and
Administrator of the Small Business Admin- supply chain; (B) a comprehensive forecast, entitled the
istration shall submit to the applicable com- (C) technologies, process improvements, or ‘‘Annual Critical Minerals Outlook’’, of pro-
mittees of Congress a report that assesses design optimizations that facilitate the recy- jected critical mineral production, consump-
the performance of Federal agencies with re- cling of critical minerals, and options for im- tion, and recycling patterns, including—
spect to— proving the rates of collection of products (i) the quantity of each critical mineral
(A) complying with chapter 6 of title 5, and scrap containing critical minerals from projected to be domestically produced over
United States Code (commonly known as the post-consumer, industrial, or other waste the subsequent 1-year, 5-year, and 10-year pe-
‘‘Regulatory Flexibility Act’’), in promul- streams; riods;
gating regulations applicable to the critical (D) commercial markets, advanced storage (ii) the quantity of each critical mineral
minerals industry; and methods, energy applications, and other ben- projected to be domestically consumed over
(B) performing an analysis of regulations eficial uses of critical minerals processing the subsequent 1-year, 5-year, and 10-year pe-
applicable to the critical minerals industry byproducts; riods;
that may be outmoded, inefficient, duplica- (E) alternative minerals, metals, and ma- (iii) an assessment of—
tive, or excessively burdensome. terials, particularly those available in abun- (I) critical mineral requirements to meet
(f) FEDERAL REGISTER PROCESS.— dance within the United States and not sub- projected national security, energy, eco-
(1) DEPARTMENTAL REVIEW.—Absent any ex- ject to potential supply restrictions, that nomic, industrial, technological, and other
traordinary circumstance, and except as oth- lessen the need for critical minerals; and needs of the United States;
erwise required by law, the Secretary and (F) alternative energy technologies or al- (II) the projected reliance of the United
the Secretary of Agriculture shall ensure ternative designs of existing energy tech- States on foreign sources to meet those
that each Federal Register notice described nologies, particularly those that use min- needs; and
in paragraph (2) shall be— erals that— (III) the projected implications of potential
(A) subject to any required reviews within (i) occur in abundance in the United supply shortages, restrictions, or disrup-
the Department of the Interior or the De- States; and tions;
partment of Agriculture; and (ii) are not subject to potential supply re- (iv) the quantity of each critical mineral
(B) published in final form in the Federal strictions. projected to be domestically recycled over
Register not later than 45 days after the date (4) REPORTS.—Not later than 2 years after the subsequent 1-year, 5-year, and 10-year pe-
of initial preparation of the notice. the date of enactment of this Act, and annu- riods;
(2) PREPARATION.—The preparation of Fed- ally thereafter, the Secretary shall submit (v) the market penetration of alternatives
eral Register notices required by law associ- to Congress a report summarizing the activi- to each critical mineral projected to take
ated with the issuance of a critical mineral ties, findings, and progress of the program. place over the subsequent 1-year, 5-year, and
exploration or mine permit shall be dele- (h) ANALYSIS AND FORECASTING.— 10-year periods;
gated to the organizational level within the (1) CAPABILITIES.—In order to evaluate ex- (vi) a discussion of reasonably foreseeable
agency responsible for issuing the critical isting critical mineral policies and inform international trends associated with the dis-
mineral exploration or mine permit. future actions that may be taken to avoid covery, production, consumption, use, costs
(3) TRANSMISSION.—All Federal Register supply shortages, mitigate price volatility, of production, and recycling of each critical
notices regarding official document avail- and prepare for demand growth and other mineral as well as the development of alter-
ability, announcements of meetings, or no- market shifts, the Secretary (acting through natives to critical minerals; and
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tices of intent to undertake an action shall the Director of the United States Geological (vii) such other projections relating to
be originated in, and transmitted to the Fed- Survey) or a designee of the Secretary, in each critical mineral as the Secretary deter-
eral Register from, the office in which, as ap- consultation with the Energy Information mines to be necessary to achieve the pur-
plicable— Administration, academic institutions, and poses of this subsection.
(A) the documents or meetings are held; or others in order to maximize the application (2) PROPRIETARY INFORMATION.—In pre-
(B) the activity is initiated. of existing competencies related to devel- paring a report described in paragraph (1),
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5471
the Secretary shall ensure, consistent with mineral supply chain or other positions that described in Secretarial Order No. 3324,
section 5(f) of the National Materials and will increase domestic, critical mineral ex- issued by the Secretary on December 3, 2012,
Minerals Policy, Research and Development ploration, development, production, manu- in any area to which the order applies.
Act of 1980 (30 U.S.C. 1604(f)), that— facturing, research, including fundamental (4) APPLICATION OF CERTAIN PROVISIONS.—
(A) no person uses the information and research into alternatives, and recycling; (A) IN GENERAL.—Subsections (e) and (f)
data collected for the report for a purpose (iii) to develop guidelines for proposals shall apply to—
other than the development of or reporting from institutions of higher education with (i) an exploration project in which the
of aggregate data in a manner such that the substantial capabilities in the required dis- presence of a byproduct is reasonably ex-
identity of the person or firm who supplied ciplines for activities to improve the critical pected, based on known mineral
the information is not discernible and is not mineral supply chain and advance the capac- companionality, geologic formation, min-
material to the intended uses of the informa- ity of the United States to increase domes- eralogy, or other factors; and
tion; tic, critical mineral exploration, research, (ii) a project that demonstrates that the
(B) no person discloses any information or development, production, manufacturing, byproduct is of sufficient grade that, when
data collected for the report unless the infor- and recycling; and combined with the production of a host min-
mation or data has been transformed into a (iv) to outline criteria for evaluating per- eral, the byproduct is economic to recover,
statistical or aggregate form that does not formance and recommendations for the as determined by the applicable Secretary in
allow the identification of the person or firm amount of funding that will be necessary to accordance with subparagraph (B).
who supplied particular information; and establish and carry out the program de- (B) REQUIREMENT.—In making the deter-
(C) procedures are established to require scribed in paragraph (3). mination under subparagraph (A)(ii), the ap-
the withholding of any information or data (B) REPORT.—Not later than 2 years after plicable Secretary shall consider the cost ef-
collected for the report if the Secretary de- the date of enactment of this Act, the Sec- fectiveness of the byproducts recovery.
termines that withholding is necessary to retary shall submit to Congress a description (l) AUTHORIZATION OF APPROPRIATIONS.—
protect proprietary information, including of the results of the study required under There is authorized to be appropriated to
any trade secrets or other confidential infor- subparagraph (A). carry out this section $50,000,000 for each of
mation. (3) PROGRAM.— fiscal years 2021 through 2030.
(i) EDUCATION AND WORKFORCE.— (A) ESTABLISHMENT.—The Secretary and SEC. 10002. RARE EARTH ELEMENT ADVANCED
(1) WORKFORCE ASSESSMENT.—Not later the Secretary of Labor shall jointly conduct COAL TECHNOLOGIES.
than 1 year and 300 days after the date of en- a competitive grant program under which in- (a) PROGRAM FOR EXTRACTION AND RECOV-
actment of this Act, the Secretary of Labor stitutions of higher education may apply for ERY OF RARE EARTH ELEMENTS AND MINERALS
(in consultation with the Secretary, the Di- and receive 4-year grants for— FROM COAL AND COAL BYPRODUCTS.—
rector of the National Science Foundation, (i) startup costs for newly designated fac- (1) IN GENERAL.—The Secretary of Energy,
institutions of higher education with sub- ulty positions in integrated critical mineral acting through the Assistant Secretary for
stantial expertise in mining, institutions of education, research, innovation, training, Fossil Energy (referred to in this section as
higher education with significant expertise and workforce development programs con- the ‘‘Secretary’’), shall carry out a program
in minerals research, including fundamental sistent with paragraph (2); under which the Secretary shall develop ad-
research into alternatives, and employers in (ii) internships, scholarships, and fellow- vanced separation technologies for the ex-
the critical minerals sector) shall submit to ships for students enrolled in programs re- traction and recovery of rare earth elements
Congress an assessment of the domestic lated to critical minerals; and minerals from coal and coal byproducts.
availability of technically trained personnel (iii) equipment necessary for integrated (2) AUTHORIZATION OF APPROPRIATIONS.—
necessary for critical mineral exploration, critical mineral innovation, training, and There is authorized to be appropriated to the
development, assessment, production, manu- workforce development programs; and Secretary to carry out the program de-
facturing, recycling, analysis, forecasting, (iv) research of critical minerals and their scribed in paragraph (1) $23,000,000 for each of
education, and research, including an anal- applications, particularly concerning the fiscal years 2021 through 2028.
ysis of— manufacture of critical components vital to (b) REPORT.—Not later than 1 year after
(A) skills that are in the shortest supply as national security. the date of enactment of this Act, the Sec-
of the date of the assessment; (B) RENEWAL.—A grant under this para- retary shall submit to the Committee on En-
(B) skills that are projected to be in short graph shall be renewable for up to 2 addi- ergy and Natural Resources of the Senate
supply in the future; tional 3-year terms based on performance and the Committee on Energy and Commerce
(C) the demographics of the critical min- criteria outlined under paragraph (2)(A)(iv). of the House of Representatives a report
erals industry and how the demographics (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL evaluating the development of advanced sep-
will evolve under the influence of factors DATA PRESERVATION PROGRAM.—Section aration technologies for the extraction and
such as an aging workforce; 351(k) of the Energy Policy Act of 2005 (42 recovery of rare earth elements and minerals
(D) the effectiveness of training and edu- U.S.C. 15908(k)) is amended by striking
cation programs in addressing skills short- from coal and coal byproducts, including
‘‘$30,000,000 for each of fiscal years 2006 acid mine drainage from coal mines.
ages; through 2010’’ and inserting ‘‘$5,000,000 for
(E) opportunities to hire locally for new each of fiscal years 2021 through 2030, to re- TITLE XI—MISCELLANEOUS PROVISIONS
and existing critical mineral activities; main available until expended’’. SEC. 11001. EMERGENCY DESIGNATION.
(F) the sufficiency of personnel within rel- (k) ADMINISTRATION.— (a) IN GENERAL.—The amounts provided by
evant areas of the Federal Government for (1) IN GENERAL.—The National Critical Ma- this division and the amendments made by
achieving the policies described in section 3 terials Act of 1984 (30 U.S.C. 1801 et seq.) is this division are designated as an emergency
of the National Materials and Minerals Pol- repealed. requirement pursuant to section 4(g) of the
icy, Research and Development Act of 1980 (2) CONFORMING AMENDMENT.—Section 3(d) Statutory Pay-As-You-Go Act of 2010 (2
(30 U.S.C. 1602); and of the National Superconductivity and Com- U.S.C. 933(g)).
(G) the potential need for new training pro- petitiveness Act of 1988 (15 U.S.C. 5202(d)) is (b) DESIGNATION IN SENATE.—In the Senate,
grams to have a measurable effect on the amended in the first sentence by striking ‘‘, this division and the amendments made by
supply of trained workers in the critical with the assistance of the National Critical this division are designated as an emergency
minerals industry. Materials Council as specified in the Na- requirement pursuant to section 4112(a) of H.
(2) CURRICULUM STUDY.— tional Critical Materials Act of 1984 (30 Con. Res. 71 (115th Congress), the concurrent
(A) IN GENERAL.—The Secretary and the U.S.C. 1801 et seq.),’’. resolution on the budget for fiscal year 2018.
Secretary of Labor shall jointly enter into (3) SAVINGS CLAUSES.— DIVISION B—CORONAVIRUS RESPONSE
an arrangement with the National Academy (A) IN GENERAL.—Nothing in this section or ADDITIONAL SUPPLEMENTAL APPRO-
of Sciences and the National Academy of En- an amendment made by this section modifies PRIATIONS ACT, 2020
gineering under which the Academies shall any requirement or authority provided by— The following sums are hereby are appro-
coordinate with the National Science Foun- (i) the matter under the heading ‘‘GEOLOGI- priated, out of any money in the Treasury
dation on conducting a study— CAL SURVEY’’ of the first section of the Act of not otherwise appropriated, for the fiscal
(i) to design an interdisciplinary program March 3, 1879 (43 U.S.C. 31(a)); or year ending September 30, 2020, and for other
on critical minerals that will support the (ii) the first section of Public Law 87–626 purposes, namely:
critical mineral supply chain and improve (43 U.S.C. 31(b)).
TITLE I
the ability of the United States to increase (B) EFFECT ON DEPARTMENT OF DEFENSE.—
domestic, critical mineral exploration, de- Nothing in this section or an amendment DEPARTMENT OF HEALTH AND HUMAN
velopment, production, manufacturing, re- made by this section affects the authority of SERVICES
search, including fundamental research into the Secretary of Defense with respect to the PAYMENTS TO STATES FOR THE CHILD CARE AND
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alternatives, and recycling; work of the Department of Defense on crit- DEVELOPMENT BLOCK GRANT
(ii) to address undergraduate and graduate ical material supplies in furtherance of the For an additional amount for ‘‘Payments
education, especially to assist in the devel- national defense mission of the Department to States for the Child Care and Develop-
opment of graduate level programs of re- of Defense. ment Block Grant’’, $5,000,000,000, to remain
search and instruction that lead to advanced (C) SECRETARIAL ORDER NOT AFFECTED.— available through September 30, 2021, to pre-
degrees with an emphasis on the critical This section shall not apply to any mineral vent, prepare for, and respond to
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S5472 CONGRESSIONAL RECORD — SENATE September 8, 2020
coronavirus, domestically or internation- or internationally, including the develop- ity for public health emergencies, as de-
ally, including for Federal administrative ment of necessary countermeasures and vac- scribed in the amendments made by section
expenses, which shall be used to supplement, cines, prioritizing platform-based tech- 7001 of division A of this Act: Provided fur-
not supplant State, Territory, and Tribal nologies with U.S.-based manufacturing ca- ther, That of the amount appropriated under
general revenue funds for child care assist- pabilities, the purchase of vaccines, thera- this paragraph in this Act, $6,000,000,000 shall
ance for low-income families within the peutics, diagnostics, necessary medical sup- be for activities to plan, prepare for, pro-
United States (including territories) without plies, as well as medical surge capacity, ad-
mote, distribute, administer, monitor, and
regard to requirements in sections dressing blood supply chain, workforce mod-
track coronavirus vaccines to ensure broad-
658E(c)(3)(D)–(E) or 658G of the Child Care ernization, telehealth access and infrastruc-
ture, initial advanced manufacturing, novel based distribution, access, and vaccine cov-
and Development Block Grant Act: Provided,
That funds provided under this heading in dispensing, enhancements to the U.S. Com- erage: Provided further, That the Secretary
this Act may be used to provide continued missioned Corps, and other preparedness and shall coordinate funding and activities out-
payments and assistance to child care pro- response activities: Provided, That funds ap- lined in the previous proviso through the Di-
viders in the case of decreased enrollment or propriated under this paragraph in this Act rector of CDC: Provided further, That the Sec-
closures related to coronavirus, and to as- may be used to develop and demonstrate in- retary, through the Director of CDC, shall
sure they are able to remain open or reopen novations and enhancements to manufac- report to the Committees on Appropriations
as appropriate and applicable: Provided fur- turing platforms to support such capabili- of the House of Representatives and the Sen-
ther, That States, Territories, and Tribes are ties: Provided further, That the Secretary of ate within 60 days of enactment of this Act
encouraged to place conditions on payments Health and Human Services shall purchase on a comprehensive coronavirus vaccine dis-
to child care providers that ensure that child vaccines developed using funds made avail- tribution strategy and spend plan that in-
care providers use a portion of funds received able under this paragraph in this Act to re-
cludes how existing infrastructure will be le-
to continue to pay the salaries and wages of spond to an outbreak or pandemic related to
veraged, enhancements or new infrastructure
staff: Provided further, That the Secretary coronavirus in quantities determined by the
Secretary to be adequate to address the pub- that may be built, considerations for moving
shall remind States that CCDBG State plans and storing vaccines, guidance for how
do not need to be amended prior to utilizing lic health need: Provided further, That prod-
ucts purchased by the Federal government States and health care providers should pre-
existing authorities in the CCDBG Act for
with funds made available under this para- pare for, store, and administer vaccines, na-
the purposes provided herein: Provided fur-
ther, That States, Territories, and Tribes are graph in this Act, including vaccines, thera- tionwide vaccination targets, funding that
authorized to use funds appropriated under peutics, and diagnostics, shall be purchased will be distributed to States, how an infor-
this heading in this Act to provide child care in accordance with Federal Acquisition Reg- mational campaign to both the public and
assistance to health care sector employees, ulation guidance on fair and reasonable pric- health care providers will be executed, and
emergency responders, sanitation workers, ing: Provided further, That the Secretary may how the vaccine distribution plan will focus
and other workers deemed essential during take such measures authorized under current efforts on high risk, underserved, and minor-
the response to coronavirus by public offi- law to ensure that vaccines, therapeutics, ity populations: Provided further, That such
cials, without regard to the income eligi- and diagnostics developed from funds pro- plan shall be updated and provided to the
vided in this Act will be affordable in the
bility requirements of section 658P(4) of such Committees on Appropriations of the House
commercial market: Provided further, That in
Act: Provided further, That funds appro- of Representatives and the Senate 90 days
carrying out the previous proviso, the Sec-
priated under this heading in this Act shall after submission of the first plan: Provided
retary shall not take actions that delay the
be available to eligible child care providers further, That the Secretary shall notify the
development of such products: Provided fur-
under section 658P(6) of the CCDBG Act, even Committees on Appropriations of the House
ther, That the Secretary shall ensure that
if such providers were not receiving CCDBG of Representatives and the Senate 2 days in
protections remain for individuals enrolled
assistance prior to the public health emer-
in group or individual health care coverage advance of any obligation in excess of
gency as a result of the coronavirus and any
with pre-existing conditions, including those $50,000,000, including but not limited to con-
renewal of such declaration pursuant to such
linked to coronavirus: Provided further, That tracts and interagency agreements, from
section 319, for the purposes of cleaning and products purchased with funds appropriated
sanitation, and other activities necessary to funds provided in this paragraph in this Act:
under this paragraph in this Act may, at the Provided further, That funds appropriated
maintain or resume the operation of pro- discretion of the Secretary of Health and
grams: Provided further, That payments made under this paragraph in this Act may be used
Human Services, be deposited in the Stra- for the construction, alteration, or renova-
under this heading in this Act may be obli- tegic National Stockpile under section 319F–
gated in this fiscal year or the succeeding tion of non-federally owned facilities for the
2 of the Public Health Service Act: Provided
two fiscal years: Provided further, That funds further, That of the amount appropriated production of vaccines, therapeutics,
appropriated under this heading in this Act under this paragraph in this Act, not more diagnostics, and medical supplies where the
may be made available to restore amounts, than $2,000,000,000 shall be for the Strategic Secretary determines that such a contract is
either directly or through reimbursement, National Stockpile under section 319F–2(a) of necessary to secure sufficient amounts of
for obligations incurred to prevent, prepare such Act: Provided further, That funds appro- such supplies: Provided further, That the not
for, and respond to coronavirus, domestically priated under this paragraph in this Act may later than 30 days after enactment of this
or internationally, prior to the date of enact- be transferred to, and merged with, the fund Act, and every 30 days thereafter until funds
ment of this Act: Provided further, That such authorized by section 319F–4, the Covered are expended, the Secretary shall report to
amount is designated by the Congress as Counter measure Process Fund, of the Public the Committees on Appropriations of the
being for an emergency requirement pursu- Health Service Act: Provided further, That of House of Representatives and the Senate on
ant to section 251(b)(2)(A)(i) of the Balanced the amount appropriated under this para-
Budget and Emergency Deficit Control Act uses of funding for Operation Warp Speed,
graph in this Act, not more than detailing current obligations by Department
of 1985. $2,000,000,000, to remain available until Sep-
or Agency, or component thereof broken out
BACK TO WORK CHILD CARE GRANTS tember 30, 2022, shall be for activities to im-
by the coronavirus supplemental appropria-
For an additional amount for ‘‘Back to prove and sustain State medical stockpiles,
as described in the amendments made by sec- tions Act that provided the source of funds:
Work Child Care Grants’’, $10,000,000,000, to
tion 7002 of division A of this Act: Provided Provided further, That the plan outlined in
remain available through September 30, 2021,
further, That of the amount appropriated the previous proviso shall include funding by
to prevent, prepare for, and respond to
coronavirus, domestically or internation- under this paragraph in this Act, contract, grant, or other transaction in ex-
ally, which shall be for activities to carry $20,000,000,000 shall be available to the Bio- cess of $20,000,000 with a notation of which
out Back to Work Child Care Grants as au- medical Advanced Research and Develop- Department or Agency, and component
thorized by section 6101 of division A of this ment Authority for necessary expenses of thereof is managing the contract: Provided
Act: Provided, That such amount is des- manufacturing, production, and purchase, at further, That such amount is designated by
ignated by the Congress as being for an the discretion of the Secretary, of vaccines, the Congress as being for an emergency re-
emergency requirement pursuant to section therapeutics, diagnostics, and small mol- quirement pursuant to section 251(b)(2)(A)(i)
251(b)(2)(A)(i) of the Balanced Budget and ecule active pharmaceutical ingredients, in- of the Balanced Budget and Emergency Def-
Emergency Deficit Control Act of 1985. cluding the development, translation, and icit Control Act of 1985.
OFFICE OF THE SECRETARY demonstration at scale of innovations in
manufacturing platforms: Provided further, For an additional amount for ‘‘Public
PUBLIC HEALTH AND SOCIAL SERVICES
That funds in the previous proviso may be Health and Social Services Emergency
EMERGENCY FUND Fund’’, $16,000,000,000, to remain available
used for the construction or renovation of
ctelli on DSK11ZRN23PROD with Senate
(INCLUDING TRANSFER OF FUNDS) U.S.-based next generation manufacturing until September 30, 2022, to prevent, prepare
For an additional amount for ‘‘Public facilities, other than facilities owned by the for, and respond to coronavirus, domestically
Health and Social Services Emergency United States Government: Provided further, or internationally, which shall be for nec-
Fund’’, $31,000,000,000, to remain available That amounts provided in the eleventh pro- essary expenses for testing, contact tracing,
until September 30, 2024, to prevent, prepare viso may be for necessary expenses related to surveillance, containment, and mitigation to
for, and respond to coronavirus, domestically the sustained on-shore manufacturing capac- monitor and suppress COVID–19, including
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5473
tests for both active infection and prior ex- tion, construction, alteration, renovation, or Governor determines have been most signifi-
posure, including molecular, antigen, and se- equipping of non-federally owned facilities to cantly impacted by coronavirus to support
rological tests, the manufacturing, procure- improve coronavirus preparedness and re- the ability of such institutions to continue
ment and distribution of tests, testing equip- sponse capability at the State and local to provide educational services and support
ment and testing supplies, including per- level: Provided further, That such amount is the on-going functionality of the institution;
sonal protective equipment needed for ad- designated by the Congress as being for an and
ministering tests, the development and vali- emergency requirement pursuant to section (3) provide support to any other institution
dation of rapid, molecular point-of-care 251(b)(2)(A)(i) of the Balanced Budget and of higher education, local educational agen-
tests, and other tests, support for workforce, Emergency Deficit Control Act of 1985. cy, or education related entity within the
epidemiology, to scale up academic, commer- DEPARTMENT OF EDUCATION State that the Governor deems essential for
cial, public health, and hospital laboratories, carrying out emergency educational services
EDUCATION STABILIZATION FUND
to conduct surveillance and contact tracing, to students for authorized activities de-
support development of COVID–19 testing For an additional amount for ‘‘Education
scribed in section 103(e) of this title, the
plans, and other related activities related to Stabilization Fund’’, $105,000,000,000, to re-
ESEA of 1965, the Higher Education Act of
COVID–19 testing: Provided, That of the main available through September 30, 2021,
1965, the provision of child care and early
amount appropriated under this paragraph in to prevent, prepare for, and respond to
childhood education, social and emotional
this Act, not less than $15,000,000,000 shall be coronavirus, domestically or internation-
support, career and technical education,
for States, localities, territories, tribes, trib- ally: Provided, That such amount is des-
adult education, and the protection of edu-
al organizations, urban Indian health organi- ignated by the Congress as being for an
cation-related jobs.
zations, or health service providers to tribes emergency requirement pursuant to section (d) REALLOCATION.—Each Governor shall
for necessary expenses for testing, contact 251(b)(2)(A)(i) of the Balanced Budget and return to the Secretary any funds received
tracing, surveillance, containment, and miti- Emergency Deficit Control Act of 1985. under this section that the Governor does
gation, including support for workforce, epi- GENERAL PROVISIONS not award within 6 months of receiving such
demiology, use by employers, elementary EDUCATION STABILIZATION FUND funds and the Secretary shall reallocate such
and secondary schools, child care facilities, SEC. 101. (a) ALLOCATIONS.—From the funds to the remaining States in accordance
institutions of higher education, long-term amount made available under this heading in with subsection (b).
care facilities, or in other settings, scale up this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds
of testing by public health, academic, com- bilization Fund, the Secretary shall first al- under this section shall submit a report to
mercial, and hospital laboratories, and com- locate— the Secretary, not later than 6 months after
munity-based testing sites, health care fa- (1) not more than one half of 1 percent to receiving funding provided in this Act, in
cilities, and other entities engaged in the outlying areas on the basis of the terms such manner and with such subsequent fre-
COVID–19 testing, and other related activi- quency as the Secretary may require, that
and conditions for funding provided under
ties related to COVID–19 testing, contact provides a detailed accounting of the use of
this heading in the Coronavirus Aid, Relief,
tracing, surveillance, containment, and miti- funds provided under this section.
and Economic Security (CARES) Act (Public
gation: Provided further, That the amount
Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL
provided in the preceding proviso under this
(2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND
paragraph in this Act shall be made avail-
of the Interior for programs operated or SEC. 103. (a) GRANTS.—From funds reserved
able within 30 days of the date of enactment
funded by the Bureau of Indian Education, under section 101(b)(2) of this title, the Sec-
of this Act: Provided further, That the
under the terms and conditions established retary shall make supplemental elementary
amount identified in the first proviso under
for funding provided under this heading in and secondary school emergency relief
this paragraph in this Act shall be allocated
to States, localities, and territories accord- the CARES Act (Public Law 116–136). grants to each State educational agency
(b) RESERVATIONS.—After carrying out sub- with an approved application under section
ing to the formula that applied to the Public
section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public
Health Emergency Preparedness cooperative
remaining funds made available as follows: Law 116–136). The Secretary shall award
agreement in fiscal year 2019: Provided fur-
(1) 5 percent to carry out section 102 of this funds under this section to each State edu-
ther, That not less than $500,000,000 shall be
allocated in coordination with the Director title. cational agency with an approved applica-
of the Indian Health Service, to tribes, tribal (2) 67 percent to carry out section 103 of tion within 15 calendar days of enactment of
organizations, urban Indian health organiza- this title. this Act.
tions, or health service providers to tribes: (3) 28 percent to carry out section 104 of (b) ALLOCATIONS TO STATES.—The amount
Provided further, That the Secretary of this title. of each grant under subsection (a) shall be
Health and Human Services (referred to in GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in
this paragraph as the ‘‘Secretary’’) may sat- FUND the same proportion as each State received
isfy the funding thresholds outlined in the SEC. 102. (a) GRANTS.—From funds reserved under part A of title I of the ESEA of 1965 in
first and fourth provisos under this para- under section 101(b)(1) of this title, the Sec- the most recent fiscal year.
graph in this Act by making awards through retary shall make supplemental Emergency (c) SUBGRANTS.—From the payment pro-
other grant or cooperative agreement mech- Education Relief grants to the Governor of vided by the Secretary under subsection (b),
anisms: Provided further, That the Governor each State with an approved application the State educational agency may provide
or designee of each State, locality, territory, under section 18002 of division B of the services and assistance to local educational
tribe, or tribal organization receiving funds CARES Act (Public Law 116–136). The Sec- agencies and non-public schools, consistent
pursuant to this Act shall update their plans, retary shall award funds under this section with the provisions of this title. After car-
as applicable, for COVID–19 testing and con- to the Governor of each State with an ap- rying out the reservation of funds in section
tact tracing submitted to the Secretary pur- proved application within 30 calendar days of 105 of this title, each State shall allocate not
suant to the Paycheck Protection Program enactment of this Act. less than 90 percent of the remaining grant
and Health Care Enhancement Act (Public (b) ALLOCATIONS.—The amount of each funds awarded to the State under this sec-
Law 116–139) and submit such updates to the grant under subsection (a) shall be allocated tion as subgrants to local educational agen-
Secretary not later than 60 days after funds by the Secretary to each State as follows: cies (including charter schools that are local
appropriated in this paragraph in this Act (1) 60 percent on the basis of their relative educational agencies) in the State in propor-
have been awarded to such recipient: Pro- population of individuals aged 5 through 24. tion to the amount of funds such local edu-
vided further, That not later than 60 days (2) 40 percent on the basis of their relative cational agencies and charter schools that
after enactment, and every quarter there- number of children counted under section are local educational agencies received under
after until funds are expended, the Governor 1124(c) of the Elementary and Secondary part A of title I of the ESEA of 1965 in the
or designee of each State, locality, territory, Education Act of 1965 (referred to under this most recent fiscal year. The State edu-
tribe, or tribal organization receiving funds heading as ‘‘ESEA’’). cational agency shall make such subgrants
shall report to the Secretary on uses of fund- (c) USES OF FUNDS.—Grant funds awarded to local educational agencies as follows—
ing, detailing current commitments and ob- under subsection (b) may be used to— (1) one-third of funds shall be awarded not
ligations broken out by the coronavirus sup- (1) provide emergency support through less than 15 calendar days after receiving an
plemental appropriations Act that provided grants to local educational agencies that the award from the Secretary under this section;
the source of funds: Provided further, That State educational agency deems have been and
not later than 15 days after receipt of such most significantly impacted by coronavirus (2) the remaining two-thirds of funds shall
reports, the Secretary shall summarize and to support the ability of such local edu- be awarded only after the local educational
report to the Committees on Appropriations cational agencies to continue to provide edu- agency submits to the Governor and the
ctelli on DSK11ZRN23PROD with Senate
of the House of Representatives and the Sen- cational services to their students and to Governor approves a comprehensive school
ate on States’ commitments and obligations support the on-going functionality of the reopening plan for the 2020–2021 school-year,
of funding: Provided further, That funds an local educational agency; based on criteria determined by the Gov-
entity receives from amounts described in (2) provide emergency support through ernor in consultation with the State edu-
the first proviso in this paragraph may also grants to institutions of higher education cational agency (including criteria for the
be used for the rent, lease, purchase, acquisi- serving students within the State that the Governor to carry out subparagraph (A)
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S5474 CONGRESSIONAL RECORD — SENATE September 8, 2020
through (C)), that describes how the local (E) Training and professional development school that aids in regular and substantive
educational agency will safely reopen for staff of the local educational agency or educational interaction between students
schools with the physical presence of stu- non-public school on sanitation and mini- and their classroom instructors, including
dents, consistent with maintaining safe and mizing the spread of infectious diseases. low-income students and students with dis-
continuous operations aligned with chal- (F) Purchasing supplies to sanitize, clean, abilities, which may include assistive tech-
lenging state academic standards. The Gov- and disinfect the facilities of a local edu- nology or adaptive equipment.
ernor shall approve such plans within 30 days cational agency or non-public school, includ- (H) Expanding healthcare and other health
after the plan is submitted, subject to the re- ing buildings operated by such agency. services (including mental health services
quirements in subparagraphs (A) through (G) Planning for and coordinating during and supports), including for children at risk
(C). long-term closures, including for how to pro- of abuse or neglect.
(A) A local educational agency that pro- vide meals to eligible students, how to pro- (I) Planning and implementing activities
vides in-person instruction for at least 50 vide technology for online learning to all related to summer learning and supple-
percent of its students where the students students, how to provide guidance for car- mental afterschool programs, including pro-
physically attend school no less than 50 per- rying out requirements under the Individuals viding classroom instruction during the sum-
cent of each school-week, as it was defined with Disabilities Education Act (20 U.S.C. mer months and addressing the needs of low-
by the local educational agency prior to the 1401 et seq.) and how to ensure other edu- income students, students with disabilities,
coronavirus emergency, shall have its plan cational services can continue to be provided English learners, migrant students, students
automatically approved. consistent with all Federal, State, and local experiencing homelessness, and children in
(B) A local educational agency that does requirements. foster care.
not provide in-person instruction to any stu- (H) Purchasing educational technology (in- (f) STATE FUNDING.—With funds not other-
dents where the students physically attend cluding hardware, software, and wise allocated or reserved under this section,
school in-person shall not be eligible to re- connectivity) for students who are served by a State may reserve not more than 1/2 of 1
ceive a subgrant under paragraph (2). the local educational agency or non-public percent of its grant under this section for ad-
(C) A local educational agency that pro- school that aids in regular and substantive ministrative costs and the remainder for
educational interaction between students emergency needs as determined by the State
vides in-person instruction to at least some
and their classroom instructors, including educational agency to address issues re-
students where the students physically at-
low-income students and students with dis- sponding to coronavirus, which may be ad-
tend school in-person but does not satisfy
abilities, which may include assistive tech- dressed through the use of grants or con-
the requirements in subparagraph (A) shall
nology or adaptive equipment. tracts.
have its allocation reduced on a pro rata (g) ASSURANCES.—A State, State edu-
basis as determined by the Governor. (I) Expanding healthcare and other health
services (including mental health services cational agency, or local educational agency
(d) PLAN CONTENTS.—A school reopening receiving funding under this section shall
and supports), including for children at risk
plan submitted to a Governor under sub- provide assurances, as applicable, that:
of abuse or neglect.
section (c)(2) shall include, in addition to (1) A State, State educational agency, or
(J) Planning and implementing activities
any other information necessary to meet the local educational agency will maintain and
related to summer learning and supple-
criteria determined by the Governor— expand access to high-quality schools, in-
mental afterschool programs, including pro-
(1) A detailed timeline for when the local viding classroom instruction or online learn- cluding high-quality public charter schools,
educational agency will provide in-person in- ing during the summer months and address- and will not—
struction, including the goals and criteria ing the needs of low-income students, stu- (A) enact policies to close or prevent the
used for providing full-time in-person in- dents with disabilities, English learners, mi- expansion of such schools to address revenue
struction to all students; grant students, students experiencing home- shortfalls that result in the disproportionate
(2) A description of how many days of in- lessness, and children in foster care. closure or denial of expansion of public char-
person instruction per calendar week the (2) A local educational agency that re- ter schools that are otherwise meeting the
local educational agency plans to offer to ceives funds under subsection (c)(2) may use terms of their charter for academic achieve-
students during the 2020–2021 school year; the funds for activities to carry out a com- ment; or
and prehensive school reopening plan as de- (B) disproportionally reduce funding to
(3) An assurance that the local educational scribed in this section, including: charter schools or otherwise increase fund-
agency will offer students as much in-person (A) Purchasing personal protective equip- ing gaps between charter schools and other
instruction as is safe and practicable, con- ment, implementing flexible schedules to public schools in the local educational agen-
sistent with maintaining safe and contin- keep children in isolated groups, purchasing cy.
uous operations aligned with challenging box lunches so that children can eat in their (2) Allocations of funding and services pro-
state academic standards. classroom, purchasing physical barriers, pro- vided from funds provided in this section to
(e) USES OF FUNDS.— viding additional transportation services, public charter schools are made on the same
(1) A local educational agency or non-pub- repurposing existing school rooms and space, basis as is used for all public schools, con-
lic school that receives funds under sub- and improving ventilation systems. sistent with state law and in consultation
section (c)(1) or section 105 may use funds for (B) Developing and implementation of pro- with charter school leaders.
any of the following: cedures and systems to improve the pre- (h) REPORT.—A State receiving funds under
(A) Activities to support returning to in- paredness and response efforts of local edu- this section shall submit a report to the Sec-
person instruction, including purchasing per- retary, not later than 6 months after receiv-
cational agencies or non-public schools, in-
ing funding provided in this Act, in such
sonal protective equipment, implementing cluding coordination with State, local, Trib-
manner and with such subsequent frequency
flexible schedules to keep children in iso- al, and territorial public health departments,
as the Secretary may require, that provides
lated groups, purchasing box lunches so that and other relevant agencies, to improve co-
a detailed accounting of the use of funds pro-
children can eat in their classroom, pur- ordinated responses among such entities to
vided under this section.
chasing physical barriers, providing addi- prevent, prepare for, and respond to (i) REALLOCATION.—A State shall return to
tional transportation services, repurposing coronavirus. the Secretary any funds received under this
existing school rooms and space, and improv- (C) Providing principals and others school section that the State does not award within
ing ventilation systems. leaders with the resources necessary to ad- 4 months of receiving such funds and the
(B) Developing and implementing proce- dress the needs of their individual schools. Secretary shall deposit such funds into the
dures and systems to improve the prepared- (D) Providing additional services to ad- general fund of the Treasury.
ness and response efforts of local educational dress the unique needs of low-income chil- (j) RULE OF CONSTRUCTION.—
agencies or non-public schools including co- dren or students, children with disabilities, (1) The receipt of any funds authorized or
ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori- appropriated under this section, including
ritorial public health departments, and other ties, students experiencing homelessness, pursuant to section 105 of this Act, by a non-
relevant agencies, to improve coordinated and foster care youth, including how out- profit entity, or by any individual who has
responses among such entities to prevent, reach and service delivery will meet the been admitted or applied for admission to
prepare for, and respond to coronavirus. needs of each population. such entity (or any parent or guardian of
(C) Providing principals and other school (E) Training and professional development such individual), shall not be construed to
leaders with the resources necessary to ad- for staff of the local educational agency or render such entity or person a recipient of
dress the needs of their individual schools di- non-public school on sanitation and mini- Federal financial assistance for any purpose,
rectly related to coronavirus. mizing the spread of infectious diseases. nor shall any such person or entity be re-
(D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean, quired to make any alteration to its existing
dress the unique needs of low-income chil- and disinfect the facilities of a local edu- programs, facilities, or employment prac-
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dren or students, children with disabilities, cational agency or non-public school, includ- tices except as required under this section.
English learners, racial and ethnic minori- ing buildings operated by such agency. (2) No State participating in any program
ties, students experiencing homelessness, (G) Purchasing educational technology (in- under this section, including pursuant to
and foster care youth, including how out- cluding hardware, software, and section 105 of this Act, shall impose any pen-
reach and service delivery will meet the connectivity) for students who are served by alty or additional requirement upon, or oth-
needs of each population. the local educational agency or non-public erwise disadvantage, such entity or person as
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September 8, 2020 CONGRESSIONAL RECORD — SENATE S5475
a consequence or condition of its receipt of tions under section 318 of the Higher Edu- (e) REPORT.—An institution receiving
such funds. cation Act, the Secretary shall allot funding funds under this section shall submit a re-
(3) No State participating in any program according to the formula in section 318(e) of port to the Secretary, not later than 6
under this section shall authorize any person the Higher Education Act. months after receiving funding provided in
or entity to use any funds authorized or ap- (3) 5 percent for grants to institutions of this Act, in such manner and with such sub-
propriated under this section, including pur- higher education that the Secretary deter- sequent frequency as the Secretary may re-
suant to section 105 of this Act, except as mines, through an application process and quire, that provides a detailed accounting of
provided by subsection (e), nor shall any after allocating funds under paragraphs the use of funds provided under this section.
such State impose any limits upon the use of 104(a)(1) and (2) of this Act, have the greatest (f) REALLOCATION.—Any funds allocated to
any such funds except as provided by sub- unmet needs related to coronavirus. In an institution of higher education under this
section (e). awarding funds to institutions of higher edu- section on the basis of a formula described in
HIGHER EDUCATION EMERGENCY RELIEF FUND cation under this paragraph the Secretary subsection (a)(1) or (a)(2) but for which an in-
shall prioritize institutions of higher edu- stitution does not apply for funding within
SEC. 104. (a) IN GENERAL.—From funds re-
served under section 101(b)(3) of this title the cation— 60 days of the publication of the notice invit-
Secretary shall allocate amounts as follows: (A) described under title I of the Higher ing applications, shall be reallocated to eli-
(1) 85 percent to each institution of higher Education Act of 1965 that were not eligible gible institutions that had submitted an ap-
to receive an award under section 104(a)(1) of plication by such date.
education described in section 101 or section
this title, including institutions described in ASSISTANCE TO NON-PUBLIC SCHOOLS
102(c) of the Higher Education Act of 1965 to
section 102(b) of the Higher Education Act of
prevent, prepare for, and respond to SEC. 105. (a) FUNDS AVAILABILITY.—From
1965; and
coronavirus, by apportioning it— the payment provided by the Secretary
(B) that otherwise demonstrate significant
(A) 90 percent according to the relative under section 103 of this title to a State edu-
needs related to coronavirus that were not
share of full-time equivalent enrollment of cational agency, the State educational agen-
addressed by funding allocated under sub-
Federal Pell Grant recipients who were not cy shall reserve an amount of funds equal to
sections (a)(1) or (a)(2) of this section.
exclusively enrolled in distance education (b) DISTRIBUTION.—The funds made avail- the percentage of students enrolled in non-
courses prior to the coronavirus emergency; able to each institution under subsection public elementary and secondary schools in
and (a)(1) shall be distributed by the Secretary the State prior to the coronavirus emer-
(B) 10 percent according to the relative using the same systems as the Secretary gency. Upon reserving funds under this sec-
share of full-time equivalent enrollment of otherwise distributes funding to each insti- tion, the Governor of the State may award
students who were not Federal Pell Grant re- tution under title IV of the Higher Edu- subgrants—
cipients who were not exclusively enrolled in cation Act of 1965 (20 U.S.C. 1001 et seq.). (1) to eligible scholarship-granting organi-
distance education courses prior to the (c) USES OF FUNDS.—An institution of high- zations for carrying out section 6001 of divi-
coronavirus emergency. er education receiving funds under this sec- sion A of this Act; and
(2) 10 percent for additional awards under tion may use the funds received to: (2) to non-public schools accredited or oth-
parts A and B of title III, parts A and B of (1) defray expenses associated with erwise located in and licensed to operate in
title V, and subpart 4 of part A of title VII coronavirus (including lost revenue, reim- the State based on the number of students
of the Higher Education Act to address needs bursement for expenses already incurred, enrolled in the non-public school prior to the
directly related to coronavirus, that shall be technology costs associated with a transi- coronavirus emergency, subject to the re-
in addition to awards made in section tion to distance education, faculty and staff quirements in subsection (b).
104(a)(1) of this title, and allocated by the trainings, and payroll); and (b)(1) A non-public school that provides in-
Secretary proportionally to such programs (2) provide financial aid grants to students person instruction for at least 50 percent of
based on the relative share of funding appro- (including students exclusively enrolled in its students where the students physically
priated to such programs in the Further Con- distance education), which may be used for attend school no less than 50 percent of each
solidated Appropriations Act, 2020 (Public any component of the student’s cost of at- school-week, as determined by the non-pub-
Law 116–94) and distributed to eligible insti- tendance or for emergency costs that arise lic school prior to the coronavirus emer-
tutions of higher education, except as other- due to coronavirus. gency, shall be eligible for the full amount of
wise provided in subparagraphs (A)–(D), on (d) SPECIAL PROVISIONS.— assistance per student as prescribed under
the basis of the formula described in section (1) A Historically Black College and Uni- this section.
104(a)(1) of this title: versity or a Minority Serving Institution (2) A non-public school that does not pro-
(A) Except as otherwise provided in sub- may use prior awards provided under titles vide in-person instruction to any students
paragraph (B), for eligible institutions under III, V, and VII of the Higher Education Act where the students physically attend school
part B of title III and subpart 4 of part A of to prevent, prepare for, and respond to in-person shall only be eligible for one-third
title VII of the Higher Education Act, the coronavirus. of the amount of assistance per student as
Secretary shall allot to each eligible institu- (2) An institution of higher education re- prescribed under this section.
tion an amount using the following formula: ceiving funds under section 18004 of division (3) A non-public school that provides in-
(i) 70 percent according to a ratio equiva- B of the CARES Act (Public Law 116–136) person instruction to at least some students
lent to the number of Pell Grant recipients may use those funds under the terms and where the students physically attend school
in attendance at such institution at the end conditions of section 104(c) of this Act. in-person but does not satisfy the require-
of the school year preceding the beginning of Amounts repurposed pursuant to this para- ments in paragraph (1) shall have its amount
the most recent fiscal year and the total graph that were previously designated by the of assistance as prescribed under this section
number of Pell Grant recipients at all such Congress as an emergency requirement pur- reduced on a pro rata basis, which shall be
institutions; suant to the Balanced Budget and Emer- calculated using the same methodology as is
(ii) 20 percent according to a ratio equiva- gency Deficit Control Act of 1985 are des- used under section 103(c)(2)(C) of this title.
lent to the total number of students enrolled ignated by the Congress as an emergency re- (c) A Governor shall allocate not less than
at such institution at the end of the school quirement pursuant to section 251(b)(2)(A)(i) 50 percent of the funds reserved in this sec-
year preceding the beginning of that fiscal of the Balanced Budget and Emergency Def- tion to non-public schools or eligible schol-
year and the number of students enrolled at icit Control Act of 1985. arship-granting organizations within 30 days
all such institutions; and (3) No funds received by an institution of of receiving an award from the Secretary and
(iii) 10 percent according to a ratio equiva- higher education under this section shall be the remaining 50 percent not less than 4
lent to the total endowment size at all eligi- used to fund contractors for the provision of months after receiving an award from the
ble institutions at the end of the school year pre-enrollment recruitment activities; en- Secretary.
preceding the beginning of that fiscal year dowments; or capital outlays associated with CONTINUED PAYMENT TO EMPLOYEES
and the total endowment size at such insti- facilities related to athletics, sectarian in-
SEC. 106. A local educational agency, State,
tutions; struction, or religious worship.
institution of higher education, or other en-
(B) For eligible institutions under section (4) An institution of higher education that
tity that receives funds under ‘‘Education
326 of the Higher Education Act, the Sec- was required to remit payment to the Inter-
Stabilization Fund’’, shall to the greatest ex-
retary shall allot to each eligible institution nal Revenue Service for the excise tax based
tent practicable, continue to pay its employ-
an amount in proportion to the award re- on investment income of private colleges and
ees and contractors during the period of any
ceived from funding for such institutions in universities under section 4968 of the Inter-
disruptions or closures related to
the Further Consolidated Appropriations nal Revenue Code of 1986 for tax year 2019
coronavirus.
Act, 2020 (Public Law 116–94); shall have their allocation under this section
(C) For eligible institutions under section reduced by 50 percent and may only use DEFINITIONS
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316 of the Higher Education Act, the Sec- funds for activities described in paragraph SEC. 107. Except as otherwise provided in
retary shall allot funding according to the (c)(2). This paragraph shall not apply to an sections 101–106 of this title, as used in such
formula in section 316(d)(3) of the Higher institution of higher education designated by sections—
Education Act; and the Secretary as an eligible institution (1) the terms ‘‘elementary education’’ and
(D) Notwithstanding section 318(f) of the under section 448 of the Higher Education ‘‘secondary education’’ have the meaning
Higher Education Act, for eligible institu- Act of 1965. given such terms under State law;
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S5476 CONGRESSIONAL RECORD — SENATE September 8, 2020
(2) the term ‘‘institution of higher edu- average domestic landings for each State, lating a breach within a category for fiscal
cation’’ has the meaning given such term in Tribe, and territory: Provided further, That year 2020 pursuant to section 251(a)(6) or sec-
title I of the Higher Education Act of 1965 (20 the amount provided under this heading in tion 254(g) of the Balanced Budget and Emer-
U.S.C. 1001 et seq.); this Act shall only be allocated to States of gency Deficit Control Act of 1985, and not-
(3) the term ‘‘Secretary’’ means the Sec- the United States in, or bordering on, the withstanding any other provision of this di-
retary of Education; Atlantic, Pacific, or Arctic Ocean, or the vision, the budgetary effects from this divi-
(4) the term ‘‘State’’ means each of the 50 Gulf of Mexico, as well as to Puerto Rico, the sion shall be counted as amounts designated
States, the District of Columbia, and the Virgin Islands, Guam, the Commonwealth of as being for an emergency requirement pur-
Commonwealth of Puerto Rico; the Northern Mariana Islands, American suant to section 251(b)(2)(A) of such Act.
(5) the term ‘‘cost of attendance’’ has the Samoa, Federally Recognized Tribes on the This division may be cited as the
meaning given such term in section 472 of West Coast, and Federally Recognized Tribes ‘‘Coronavirus Response Additional Supple-
the Higher Education Act of 1965. in Alaska: Provided further, That no State, mental Appropriations Act, 2020’’.
(6) the term ‘‘Non-public school’’ means a Tribe, or territory shall receive a total f
non-public elementary and secondary school amount in a fiscal year that is from amounts
that (A) is accredited, licensed, or otherwise provided under either section 12005 of Public ORDERS FOR WEDNESDAY,
operates in accordance with State law; and Law 116–136 or amounts provided under this SEPTEMBER 9, 2020
(B) was in existence prior to the date of the heading in this Act that exceeds that State, Mr. LEE. Madam President, I ask
qualifying emergency for which grants are Tribe, or territory’s total annual average unanimous consent that when the Sen-
awarded under this section; revenue from commercial fishing operations, ate completes its business today, it ad-
(7) the term ‘‘public school’’ means a pub- aquaculture firms, the seafood supply chain,
journ until 10 a.m., Wednesday, Sep-
lic elementary or secondary school; and and charter fishing businesses: Provided fur-
(8) any other term used that is defined in ther, That such amount is designated by the tember 9; further, that following the
section 8101 of the Elementary and Sec- Congress as being for an emergency require- prayer and pledge, the morning hour be
ondary Education Act of 1965 (20 U.S.C. 7801) ment pursuant to section 251(b)(2)(A)(i) of deemed expired, the Journal of pro-
shall have the meaning given the term in the Balanced Budget and Emergency Deficit ceedings be approved to date, and the
such section. Control Act of 1985. time for the two leaders be reserved for
GENERAL PROVISION—THIS TITLE TITLE IV their use in the day; further, following
SEC. 108. Not later than 30 days after the GENERAL PROVISIONS—THIS ACT leader remarks, the Senate proceed to
date of enactment of this Act, the Secre- SEC. 401. Each amount appropriated or executive session to resume consider-
taries of Health and Human Services and made available by this Act is in addition to ation of the Ludwig nomination under
Education shall provide a detailed spend amounts otherwise appropriated for the fis- the previous order; finally, following
plan of anticipated uses of funds made avail- cal year involved. the cloture vote on the Jarbou nomina-
able in this title, including estimated per- SEC. 402. No part of any appropriation con- tion, the Senate recess until 2:15 p.m.
sonnel and administrative costs, to the Com- tained in this Act shall remain available for
mittees on Appropriations of the House of obligation beyond the current fiscal year un-
for the weekly conference meetings.
Representatives and the Senate: Provided, less expressly so provided herein.
The PRESIDING OFFICER. Without
That such plans shall be updated and sub- SEC. 403. Unless otherwise provided for by objection, it is so ordered.
mitted to such Committees every 60 days this Act, the additional amounts appro- f
until September 30, 2024: Provided further, priated by this Act to appropriations ac-
That the spend plans shall be accompanied counts shall be available under the authori- ADJOURNMENT UNTIL 10 A.M.
by a listing of each contract obligation in- ties and conditions applicable to such appro- TOMORROW
curred that exceeds $5,000,000 which has not priations accounts for fiscal year 2020. Mr. LEE. If there is no further busi-
previously been reported, including the SEC. 404. In this Act, the term ness to come before the Senate, I ask
amount of each such obligation. ‘‘coronavirus’’ means SARS–CoV–2 or an- unanimous consent that it stand ad-
TITLE II other coronavirus with pandemic potential.
SEC. 405. Each amount designated in this journed under the previous order.
DEPARTMENT OF AGRICULTURE Act by the Congress as being for an emer- There being no objection, the Senate,
AGRICULTURAL PROGRAMS gency requirement pursuant to section at 6:28 p.m., adjourned until Wednes-
OFFICE OF THE SECRETARY 251(b)(2)(A)(i) of the Balanced Budget and day, September 9, 2020, at 10 a.m.
For an additional amount for the ‘‘Office of Emergency Deficit Control Act of 1985 shall f
the Secretary’’, $20,000,000,000, to remain be available (or rescinded or transferred, if
applicable) only if the President subse- NOMINATIONS
available until expended, to prevent, prepare
for, and respond to coronavirus by providing quently so designates all such amounts and Executive nominations received by
support for agricultural producers, growers, transmits such designations to the Congress. the Senate:
and processors impacted by coronavirus, in- SEC. 406. Any amount appropriated by this DEPARTMENT OF DEFENSE
cluding producers, growers, and processors of Act, designated by the Congress as an emer-
JON CHRISTOPHER KREITZ, OF VIRGINIA, TO BE AN AS-
specialty crops, non-specialty crops, dairy, gency requirement pursuant to section SISTANT SECRETARY OF THE AIR FORCE, VICE SHON J.
livestock and poultry, including livestock 251(b)(2)(A)(i) of the Balanced Budget and MANASCO.
and poultry depopulated due to insufficient Emergency Deficit Control Act of 1985 and MATTHEW B. SHIPLEY, OF VIRGINIA, TO BE AN ASSIST-
ANT SECRETARY OF DEFENSE, VICE VERONICA DAIGLE,
processing access and growers who produce subsequently so designated by the President, RESIGNED.
livestock or poultry under a contract for an- and transferred pursuant to transfer authori-
DEPARTMENT OF STATE
other entity: Provided, That such amount is ties provided by this Act shall retain such
designated by the Congress as being for an designation. ANDREW JOHN LAWLER, OF CALIFORNIA, TO BE AS-
SISTANT SECRETARY OF STATE FOR OCEANS AND
emergency requirement pursuant to section BUDGETARY EFFECTS INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AF-
251(b)(2)(A)(i) of the Balanced Budget and SEC. 407. (a) STATUTORY PAYGO SCORE- FAIRS, VICE KERRI–ANN JONES, RESIGNED.
RYAN MICHAEL TULLY, OF NEW YORK, TO BE AN AS-
Emergency Deficit Control Act of 1985. CARDS.—The budgetary effects of this divi- SISTANT SECRETARY OF STATE (VERIFICATION AND
TITLE III sion shall not be entered on either PAYGO COMPLIANCE), VICE YLEEM D. S. POBLETE, RESIGNED.
DEPARTMENT OF COMMERCE scorecard maintained pursuant to section HARRY S TRUMAN SCHOLARSHIP FOUNDATION
4(d) of the Statutory Pay As-You-Go Act of ZACHARY T. HAINES, OF OHIO, TO BE A MEMBER OF
FISHERIES DISASTER ASSISTANCE
2010. THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN
For an additional amount for ‘‘Fisheries (b) SENATE PAYGO SCORECARDS.—The SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE-
Disaster Assistance’’, $500,000,000, to remain budgetary effects of this division shall not be CEMBER 10, 2023, VICE INGRID A. GREGG, TERM EXPIRED.
available until September 30, 2021, to pre- entered on any PAYGO scorecard maintained THE JUDICIARY
vent, prepare for, and respond to for purposes of section 4106 of H. Con. Res. 71 BENJAMIN JOEL BEATON, OF KENTUCKY, TO BE UNITED
coronavirus, domestically or internation- (115th Congress). STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT
ally, which shall be for activities authorized OF KENTUCKY, VICE JUSTIN REED WALKER, ELEVATED.
(c) CLASSIFICATION OF BUDGETARY EF- HECTOR GONZALEZ, OF NEW YORK, TO BE UNITED
under section 12005 of the Coronavirus Aid, FECTS.—Notwithstanding Rule 3 of the Budg- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT
Relief, and Economic Security Act (Public et Scorekeeping Guidelines set forth in the OF NEW YORK, VICE BRIAN M. COGAN, RETIRED.
Law 116–136): Provided, That the formula pre- RYAN THOMAS MCALLISTER, OF NEW YORK, TO BE
joint explanatory statement of the com- UNITED STATES DISTRICT JUDGE FOR THE NORTHERN
scribed by the Secretary of Commerce to al- mittee of conference accompanying Con- DISTRICT OF NEW YORK, VICE GARY L. SHARPE, RE-
locate the amount provided under this head- ference Report 105–217 and section 250(c)(7)
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TIRED.
ing in this Act shall be divided proportion- KATHRYN KIMBALL MIZELLE, OF FLORIDA, TO BE
and (c)(8) of the Balanced Budget and Emer- UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS-
ally to States, Tribes, and territories and gency Deficit Control Act of 1985, the budg- TRICT OF FLORIDA, VICE VIRGINIA MARIA HERNANDEZ
shall be the same as the formula used for etary effects of this division shall be esti- COVINGTON, RETIRED.
funds appropriated under section 12005 of ZACHARY N. SOMERS, OF THE DISTRICT OF COLUMBIA,
mated for purposes of section 251 of such Act. TO BE A JUDGE OF THE UNITED STATES COURT OF FED-
Public Law 116–136, but shall be calculated to (d) ENSURING NO WITHIN-SESSION SEQUES- ERAL CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE
also evenly weight the 5-year total annual TRATION.—Solely for the purpose of calcu- THOMAS CRAIG WHEELER, TERM EXPIRING.
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