Congressional Record, Senate - September 10, 2020, S5554
Summary
This is the Congressional Record, Senate, September 10, 2020, covering pages S5554 and S5555 as amendment text, with interleaved columns. The page opens mid-amendment with provisions on summer learning and afterschool programs and page-and-line corrections. It then prints SA 2654, which Mr. Cassidy, with Ms. Collins and Mrs. Hyde-Smith, submitted to amendment SA 2652 proposed by Mr. McConnell to the bill S. 178. The amendment would add a coronavirus local community stabilization fund to the Social Security Act, appropriating $500,000,000,000 for fiscal year 2020, with $16,000,000,000 reserved for Tribal governments. Payments to States would be based on population, infected population and lost revenue, with each State to receive at least $2,000,000,000 and to share part with counties and municipalities.
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“Congressional Record, Senate - September 10, 2020, S5554.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-10-crec-2020-09-10-pt1-pgs5554-41c73ccb38/
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S5554 CONGRESSIONAL RECORD — SENATE September 10, 2020
(10) Planning and implementing activities ative population proportion amount for a each State described in subparagraph (C) to
related to summer learning and supple- State is the product of— the extent necessary to comply with the re-
mental afterschool programs, including pro- ‘‘(A) $161,333,333,333; and quirement of subparagraph (A).
viding classroom instruction or online learn- ‘‘(B) the amount equal to the quotient of— ‘‘(C) STATES DESCRIBED.—The States de-
ing during the summer months and address- ‘‘(i) the population of the State; and scribed in this subparagraph are each of the
ing the needs of low-income students, stu- ‘‘(ii) the total population of all States. 50 States, the District of Columbia, and
dents with disabilities, English learners, mi- ‘‘(2) RELATIVE INFECTED POPULATION PRO- Puerto Rico.
grant students, students experiencing home- PORTION AMOUNT.—Subject to subparagraph ‘‘(6) DIRECT PAYMENTS TO UNITS OF LOCAL
lessness, and children in foster care. (5), the relative infected population propor- GOVERNMENT.—Not later than 15 days after a
(e) tion amount determined under this para- State receives a payment under paragraph
On page 268, line 16, strike ‘‘(g)’’ and insert graph for a State is the product of— (1) of subsection (b), the State shall make
‘‘(f)’’. ‘‘(A) $161,333,333,333; and the following payments from the amount re-
On page 269, line 13, strike ‘‘(h)’’ and insert ‘‘(B) the quotient of— served by the State under paragraph (2) of
‘‘(g)’’. ‘‘(i) the cumulative population of the State that subsection with respect to such State
On page 269, line 19, strike ‘‘(i)’’ and insert that has been infected with Coronavirus Dis-
‘‘(h)’’. payment:
ease 2019 (COVID–19) as of June 1, 2020 (in- ‘‘(A) DIRECT PAYMENTS TO COUNTIES AND
On page 269, line 24, strike ‘‘(j)’’ and insert cluding individuals who were infected and
‘‘(i)’’. MUNICIPALITIES BASED ON POPULATION.—From
have recovered as of such date); and each of the amounts reserved by a State
On page 270, line 22, strike ‘‘(e)’’ and insert ‘‘(ii) the total cumulative population of all
‘‘(d)’’. under paragraph (2) of subsection (b) with re-
States that has been infected with
On page 270, line 25, strike ‘‘(e)’’ and insert spect to the payments received by the State
Coronavirus Disease 2019 (COVID–19) as of
‘‘(d)’’. under subparagraphs (A) and (B) of para-
such date (including individuals who were in-
Beginning on page 278, line 7, strike the graph (1) of that subsection, the State shall
fected and have recovered as of such date).
comma at the end and all that follows pay to each unit of local government in the
‘‘(3) RELATIVE LOST REVENUE PROPORTION
through page 279, line 3, and insert a period. State that is a county or a municipality an
AMOUNT.—The relative lost revenue propor-
On page 279, line 4, strike ‘‘(c)’’ and insert amount equal to the product of—
‘‘(b)’’. tion amount determined under this para-
graph for a State is the product of— ‘‘(i) 50 percent of the amount so reserved;
‘‘(A) $161,333,333,333; and and
SA 2654. Mr. CASSIDY (for himself, ‘‘(ii) the quotient of—
‘‘(B) the quotient of—
Ms. COLLINS, and Mrs. HYDE-SMITH) ‘‘(I) the population of the county or mu-
‘‘(i) the lost revenue amount determined
submitted an amendment intended to for the State under paragraph (4); and nicipality (as applicable); and
be proposed to amendment SA 2652 pro- ‘‘(ii) the sum of the lost revenue amounts ‘‘(II) the total population of—
posed by Mr. MCCONNELL to the bill S. determined for all States under paragraph ‘‘(aa) in the case of a county, all counties
178, to condemn gross human rights (4). in the State; or
‘‘(4) LOST REVENUE AMOUNT.— ‘‘(bb) in the case of a municipality, all mu-
violations of ethnic Turkic Muslims in
‘‘(A) IN GENERAL.—For purposes of para- nicipalities in the State.
Xinjiang, and calling for an end to ar- ‘‘(B) DIRECT PAYMENTS TO COUNTIES AND
graph (3), with respect to a State, the lost
bitrary detention, torture, and harass- MUNICIPALITIES BASED ON LOST REVENUE.—
revenue amount is the amount equal to the
ment of these communities inside and amount by which— From the amount reserved by a State under
outside China; which was ordered to lie ‘‘(i) the amount of revenue from taxes or paragraph (2) of subsection (b) with respect
on the table; as follows: other sources for the State for calendar year to the payment received by the State under
At the appropriate place in title VIII of di- 2019; exceeds subparagraph (C) of paragraph (1) of that
vision A, insert the following: ‘‘(ii) subject to subparagraph (B), the subsection, the State shall pay to each unit
SEC. ll. CORONAVIRUS LOCAL COMMUNITY amount of revenue from taxes or other of local government in the State that is a
STABILIZATION FUND. sources for the State for calendar year 2020 county or a municipality an amount equal to
(a) IN GENERAL.—Title VI of the Social Se- (as certified by the Governor of the State). the product of—
curity Act, as added by section 5001(a) of the ‘‘(B) ADJUSTMENTS TO LOST REVENUE ‘‘(i) 50 percent of the amount so reserved;
Coronavirus Aid, Relief, and Economic Secu- AMOUNT.—For purposes of subparagraph and
rity Act (Public Law 116–136), is amended by (A)(ii), the amount of revenue from taxes or ‘‘(ii) the quotient of—
adding at the end the following: other sources for a State and calendar year ‘‘(I) the lost revenue amount determined
‘‘SEC. 602. CORONAVIRUS LOCAL COMMUNITY 2020 shall be adjusted in the following man- for the county or municipality (as applica-
STABILIZATION FUND. ner: ble) under subparagraph (C); and
‘‘(a) APPROPRIATION.— ‘‘(i) Such amount shall exclude any funds ‘‘(II) the total lost revenue amounts deter-
‘‘(1) IN GENERAL.—Out of any money in the received by the State in calendar year 2020 mined under subparagraph (C) for—
Treasury of the United States not otherwise under this title. ‘‘(aa) in the case of a county, all counties
appropriated, there are appropriated for ‘‘(ii) Such amount shall be increased by the in the State; or
making payments to States under this sec- amount of any reduction to State revenue ‘‘(bb) in the case of a municipality, all mu-
tion, $500,000,000,000 for fiscal year 2020, to re- from taxes or other sources for calendar year nicipalities in the State.
main available until expended. 2020 that results from the State— ‘‘(C) LOST REVENUE AMOUNT.—For purposes
‘‘(2) RESERVATION OF FUNDS.—Of the ‘‘(I) enacting a tax cut, rebate, deduction, of subparagraph (B), with respect to a county
amount appropriated under paragraph (1), or credit; or or municipality, the lost revenue amount
the Secretary shall reserve $16,000,000,000 of ‘‘(II) reducing, delaying, or eliminating shall be determined in the same manner as
such amount for making payments to Tribal any fee or other source of revenue. the lost revenue amount for a State is deter-
governments under subsection (c)(7). ‘‘(iii) Such amount shall be reduced by the mined under paragraph (4).
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— amount of any expenditures made by the ‘‘(7) PAYMENTS TO TRIBAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall pay State during calendar year 2020 necessary to The amounts paid under this section to Trib-
each State the following amounts: meet the non-Federal share contribution re- al governments from the amount reserved
‘‘(A) Not later than 30 days after the date quirement of any public assistance that is under subsection (a)(2) shall be paid not later
of enactment of this section, the relative provided under the Robert T. Stafford Dis- than 30 days after the date of enactment of
population proportion amount determined aster Relief and Emergency Assistance Act this section, and shall be determined in the
for the State under subsection (c)(1). (42 U.S.C. 5121 et seq.) on the basis of a dis- same manner as the amounts paid to Tribal
‘‘(B) Not later than 30 days after the date aster or emergency declaration under such governments under section 601(c)(7) except
of enactment of this section, the relative in- Act that— that, for purposes of this section—
fected population proportion amount deter- ‘‘(I) is declared during the period beginning ‘‘(A) the term ‘Tribal government’ means
mined for the State under subsection (c)(2). on January 1, 2020, and ending on the date of the governing body of an Indian Tribe in-
‘‘(C) As soon as practicable after December enactment of this section; and cluded on the most recent list published by
31, 2020, the relative lost revenue proportion ‘‘(II) is not related to the COVID–19 pan- the Secretary pursuant to section 104 of the
amount determined for the State under sub- demic. Federally Recognized Indian Tribe List Act
section (c)(3). ‘‘(5) COMBINED MINIMUM PAYMENT AMOUNT of 1994 (25 U.S.C. 5131); and
‘‘(2) AMOUNTS RESERVED FOR PAYMENTS TO FOR RELATIVE POPULATION AND RELATIVE IN- ‘‘(B) the term ‘Indian Tribe’ has the mean-
LOCAL GOVERNMENTS.—A State shall reserve FECTED POPULATION AMOUNTS.— ing given that term in section 102 of such
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1⁄3 of each amount received by the State ‘‘(A) IN GENERAL.—The sum of the amounts Act (25 U.S.C. 5130), except that such term
under paragraph (1) to make direct payments determined under paragraphs (1) and (2) for a shall not include an Alaska Native regional
to units of local government in the State State described in subparagraph (C) shall not or village corporation established pursuant
under subsection (c)(6). be less than $2,000,000,000. to the Alaska Native Claims Settlement Act
‘‘(c) PAYMENT AMOUNTS.— ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- (43 U.S.C. 1601 et seq.).
‘‘(1) RELATIVE POPULATION PROPORTION retary shall adjust on a pro rata basis the ‘‘(8) DATA.—For purposes of this sub-
AMOUNT.—Subject to paragraph (5), the rel- amounts determined under paragraph (2) for section—
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September 10, 2020 CONGRESSIONAL RECORD — SENATE S5555
‘‘(A) the population of States, units of the same manner as such requirements apply (ii) the quantity of the regulated substance
local governments, and Indian Tribes shall to the amounts paid under that section, and imported into the United States; and
be determined based on the most recent year the recoupment authority under paragraph (B) the quantity of the regulated substance
for which data are available from the Bureau (2) of that subsection shall apply to over- exported from the United States.
of the Census; sight of compliance with the use of funds re- (4) CONSUMPTION BASELINE.—The term
‘‘(B) the determination of the populations quirements of subsection (d) of this section ‘‘consumption baseline’’ means the baseline
of States infected with COVID–19 shall be and the fair and equitable budgeting require- established for the consumption of regulated
based on data from the Centers for Disease ments of subsection (e) of this section; and substances under subsection (e)(1)(C).
Control and Prevention; and ‘‘(B) shall be distributed in accordance (5) EXCHANGE VALUE.—The term ‘‘exchange
‘‘(C) where Indian Tribal population cannot with all applicable Federal laws. value’’ means the value assigned to a regu-
be readily determined by the most recent ‘‘(3) IG FUNDING AUTHORITY.—Notwith- lated substance in accordance with sub-
year for which data are available from the standing section 601(f)(3), the Inspector Gen- sections (c) and (e), as applicable.
Bureau of the Census, the Department may eral of the Department of the Treasury may (6) IMPORT.—The term ‘‘import’’ means to
consider tribal population data from the De- use the amounts appropriated under that land on, bring into, or introduce into, or at-
partment of Interior or Department of Hous- section to carry out oversight and tempt to land on, bring into, or introduce
ing and Urban Development. recoupment activities under this section in into, any place subject to the jurisdiction of
‘‘(d) USE OF FUNDS.— addition to the oversight and recoupment ac- the United States, regardless of whether that
‘‘(1) IN GENERAL.—Amounts paid or distrib- tivities carried out under section 601(f).’’. landing, bringing, or introduction con-
uted under this subsection shall be used— (b) CONFORMING AMENDMENTS.— stitutes an importation within the meaning
‘‘(A) to cover only those costs of the State, (1) Section 601(d) of the Social Security of the customs laws of the United States.
unit of local government, or Tribal govern- Act is amended— (7) PRODUCE.—
ment that— (A) by redesignating paragraphs (1) (A) IN GENERAL.—The term ‘‘produce’’
‘‘(i) are necessary expenditures incurred through (3) as subparagraphs (A) through (C), means the manufacture of a regulated sub-
due to the public health emergency with re- respectively, and adjusting the margins ac- stance from a raw material or feedstock
spect to the Coronavirus Disease 2019 cordingly; chemical (but not including the destruction
(COVID–19) (including expenditures nec- (B) in subparagraph (A) (as so redesig- of a regulated substance by a technology ap-
essary to meet the non-Federal share con- nated), by inserting ‘‘(including expenditures proved by the Administrator).
tribution requirement of any public assist- necessary to meet the non-Federal share (B) EXCLUSIONS.—The term ‘‘produce’’ does
ance that is provided under the Robert T. contribution requirement of any public as- not include—
Stafford Disaster Relief and Emergency As- sistance that is provided under the Robert T. (i) the manufacture of a regulated sub-
sistance Act (42 U.S.C. 5121 et seq.) on the Stafford Disaster Relief and Emergency As- stance that is used and entirely consumed
basis of a disaster or emergency declaration sistance Act (42 U.S.C. 5121 et seq.) on the (except for trace quantities) in the manufac-
under such Act that is declared in calendar basis of a disaster or emergency declaration ture of another chemical; or
year 2020; under such Act that is declared in calendar (ii) the reclamation, reuse, or recycling of
‘‘(ii) were not accounted for in the budget year 2020)’’ before the semicolon; a regulated substance.
most recently approved as of March 27, 2020, (C) in subparagraph (C) (as so redesig- (8) PRODUCTION BASELINE.—The term ‘‘pro-
for the State or local government; and nated), by striking the period at the end and duction baseline’’ means the baseline estab-
‘‘(iii) were incurred during the period that inserting ‘‘; and’’; lished for the production of regulated sub-
begins on March 1, 2020, and ends on Decem- (D) by striking ‘‘under this section to stances under subsection (e)(1)(B).
ber 31, 2022; or cover only’’ and inserting ‘‘under this sec- (9) RECLAIM; RECLAMATION.—The terms ‘‘re-
‘‘(B) for expenditures in calendar year 2020, tion— claim’’ and ‘‘reclamation’’ mean—
2021, or 2022 that the State, Tribal govern- ‘‘(1) to cover only—’’; and (A) the reprocessing of a recovered regu-
ment, or unit of local government would oth- (E) by adding at the end the following new lated substance to at least the purity de-
erwise be unable to make because of de- paragraph: scribed in standard 700–2016 of the Air-Condi-
creased or delayed revenues. ‘‘(2) for expenditures in calendar year 2020, tioning, Heating, and Refrigeration Institute
‘‘(2) LIMITATION.—No State may use funds 2021, or 2022 that the State, Tribal govern- (or an appropriate successor standard adopt-
made available under this section for deposit ment, or unit of local government would oth- ed by the Administrator); and
into any State pension fund. erwise be unable to make because of de- (B) the verification of the purity of that
‘‘(e) FAIR AND EQUITABLE BUDGETING RE- creased or delayed revenues.’’. regulated substance using, at a minimum,
QUIREMENT.—As a condition for receiving the analytical methodology described in the
(2) Section 5001(b) of the Coronavirus Aid,
amounts paid under this subsection, each Relief, and Economic Security Act (Public standard referred to in subparagraph (A).
State, to the extent allowable by State law, Law 116–136) is amended by striking ‘‘for fis- (10) RECOVER.—The term ‘‘recover’’ means
shall agree— the process by which a regulated substance
cal year 2020 under section 601(a)(1) of the
‘‘(1) to base any cut to funding to units of is—
Social Security Act (as added by subsection
local government under the State budget on (A) removed, in any condition, from equip-
(a))’’ and inserting ‘‘under title VI of the So-
emergency need, and shall ensure that such ment; and
cial Security Act’’.
cuts are balanced to ensure all units of local (B) stored in an external container, with or
government are treated fairly; SA 2655. Mr. KENNEDY (for himself, without testing or processing the regulated
‘‘(2) to primarily use economic conditions, Mr. BARRASSO, and Mr. CARPER) sub- substance.
budgetary shortfall, and revenue loss for (11) REGULATED SUBSTANCE.—The term
mitted an amendment intended to be
each respective county and municipality, as ‘‘regulated substance’’ means—
compared to 2019 levels, to determine wheth- proposed by him to the bill S. 2657, to
support innovation in advanced geo- (A) a substance listed in the table con-
er any such cut is balanced and appropriate; tained in subsection (c)(1); and
and thermal research and development, and
(B) a substance included as a regulated
‘‘(3) that the State legislative body shall for other purposes; which was ordered substance by the Administrator under sub-
have the authority to disapprove such a cut to lie on the table; as follows: section (c)(3).
if it violates a condition of paragraph (1) or At the appropriate place, insert the fol- (c) LISTING OF REGULATED SUBSTANCES.—
(2). lowing: (1) LIST OF REGULATED SUBSTANCES.—Each
‘‘(f) APPLICATION OF OTHER PROVISIONS.— SEC. lll. AMERICAN INNOVATION AND MANU- of the following substances, and any isomers
‘‘(1) DEFINITIONS.— FACTURING. of such a substance, shall be a regulated sub-
‘‘(A) IN GENERAL.—Except as otherwise pro- (a) SHORT TITLE.—This section may be stance:
vided in this paragraph and subsection (c)(7), cited as the ‘‘American Innovation and Man-
the terms used in this section have the ufacturing Act of 2020’’.
meanings given those terms in subsection (g) (b) DEFINITIONS.—In this section: Ex-
Common
Chemical Name change
of section 601. (1) ADMINISTRATOR.—The term ‘‘Adminis- Name Value
‘‘(B) COUNTY.—The term ‘county’ means a trator’’ means the Administrator of the En-
county, parish, or other equivalent county vironmental Protection Agency. CHF2CHF2 HFC–134 1100
division (as defined by the Bureau of the (2) ALLOWANCE.—The term ‘‘allowance’’
Census). means a limited authorization for the pro- CH2FCF3 HFC–134a 1430
‘‘(C) UNIT OF LOCAL GOVERNMENT.—In this duction or consumption of a regulated sub-
section, the term ‘unit of local government’ stance established under subsection (e). CH2FCHF2 HFC–143 353
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means a county, municipality, town, town- (3) CONSUMPTION.—The term ‘‘consump-
ship, village, parish, borough, or other unit tion’’, with respect to a regulated substance, CHF2CH2CF3 HFC– 1030
of general government below the State level. means a quantity equal to the difference be- 245fa
‘‘(2) OVERSIGHT.—The amounts paid under tween—
this section— (A) a quantity equal to the sum of— CF3CH2CF2CH3 HFC– 794
‘‘(A) shall be subject to the oversight re- (i) the quantity of that regulated sub- 365mfc
quirements of subsection (f) of section 601 in stance produced in the United States; and
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