Pandemic Darlings The pandemic economy, in original documents
Home Source documents Congressional Record, Senate, September 24, 2020 — Statements on Introduced Bills

Congressional Record, Senate, September 24, 2020 — Statements on Introduced Bills

Summary

This is page S5867 of the Congressional Record, Senate, September 24, 2020, under the heading Statements on Introduced Bills and Joint Resolution, with interleaved columns. The page lists added cosponsors on measures including S. 4634, a bill to provide support for air carrier workers, and S. Res. 679, on essential employees with disabilities or who are blind during the COVID–19 pandemic. Mrs. Feinstein introduces S. 4683 to designate the Battleship IOWA Museum in Los Angeles as the National Museum of the Surface Navy, saying the coronavirus pandemic closed the museum's indoor exhibits. Mr. Enzi introduces S. 4684 to name a Thermopolis, Wyoming, Postal Service facility the Robert L. Brown Post Office, and the page continues onto S5868 with Mr. Barrasso and Mr. Carper speaking in support.

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

Cite this document

“Congressional Record, Senate, September 24, 2020 — Statements on Introduced Bills.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-24-crec-2020-09-24-pt1-pgs5867-98d677c279/, SHA-256 b77e1c3479b9bc9be50a68bfcddec79fd31a032ef4db0d7052602effe5e0108d.

Full text

                                             September 24, 2020                                CONGRESSIONAL RECORD — SENATE                                                                S5867
                                             ROMNEY), the Senator from Iowa (Ms.                     seum of the Surface Navy, and for                      awareness and educate the public on
                                             ERNST) and the Senator from Ohio (Mr.                   other purposes; to the Committee on                    the important role of the United States
                                             PORTMAN) were added as cosponsors of                    Energy and Natural Resources.                          Surface Navy.
                                             S. 4634, a bill to provide support for air                Ms.FEINSTEIN. Mr. President, I rise                    The ‘‘National Museum of the Sur-
                                             carrier workers, and for other pur-                     to speak in support of the ‘‘Battleship                face Navy’’ would build on the success
                                             poses.                                                  Iowa National Museum of the Surface                    of the Battleship USS Iowa Museum by
                                                                    S. 4662                          Navy Act of 2020,’’ which I introduced                 introducing new exhibits and programs
                                               At the request of Mr. GRAHAM, the                     today.                                                 with a focus on education, veterans,
                                             name of the Senator from North Caro-                      This simple bill would designate the                 and community.
                                                                                                     Battleship USS Iowa Museum located                       Conclusion: It is imperative that we
                                             lina (Mr. TILLIS) was added as a co-
                                                                                                     in Los Angeles, California as the ‘‘Na-                preserve the legacy of those who have
                                             sponsor of S. 4662, a bill to amend title
                                                                                                     tional Museum of the Surface Navy.’’                   served on the Battleship USS Iowa and
                                             18, United States Code, to criminalize
                                                                                                       The Battleship USS Iowa Museum                       all Surface Navy ships. I hope my col-
                                             blocking law enforcement officers who
                                                                                                     would be the official museum to honor                  leagues will join me in support of this
                                             have been injured by a criminal act or
                                                                                                     the millions of Americans who have                     bill. Thank you Mr. President. I yield
                                             in the line of duty from accessing
                                                                                                     proudly served and continue to serve in                the floor.
                                             emergency medical services.                                                                                                      ---
                                                                                                     the United States Surface Navy since
                                                                 S.J. RES. 14                                                                                     By Mr. ENZI (for himself and Mr.
                                                                                                     the founding of the Navy on October 13,
                                               At the request of Mr. RUBIO, the                                                                                     BARRASSO):
                                                                                                     1775.
                                             names of the Senator from Iowa (Ms.                                                                              S. 4684. A bill to designate the facil-
                                                                                                       The Battleship USS Iowa is an iconic
                                             ERNST) and the Senator from Mis-                                                                               ity of the United States Postal Service
                                                                                                     ship that served as a home to hundreds
                                             sissippi (Mr. WICKER) were added as co-                                                                        located at 440 Arapahoe Street in
                                                                                                     of thousands of sailors from all 50
                                             sponsors of S.J. Res. 14, a joint resolu-                                                                      Thermopolis, Wyoming, as the ‘‘Robert
                                                                                                     States. Commissioned in 1943, the Bat-
                                             tion proposing an amendment to the                                                                             L. Brown Post Office’’; to the Com-
                                                                                                     tleship Iowa has received accolades as                 mittee on Homeland Security and Gov-
                                             Constitution of the United States to                    the ‘‘World’s Greatest Navy Ship’’ and
                                             require that the Supreme Court of the                                                                          ernmental Affairs.
                                                                                                     had several namesakes including the                      Mr. ENZI. Mr. President, I come to
                                             United States be composed of not more                   ‘‘Mighty I’’ and the ‘‘Big Stick,’’ which
                                             than 9 justices.                                                                                               the floor today to be introduce a bill to
                                                                                                     referred to President Teddy Roosevelt’s                honor the late Robert L. Brown of
                                                                 S. RES. 679                         famous adage: ‘‘Speak softly and carry                 Thermopolis, WY.
                                               At the request of Mr. BRAUN, the                      a big stick.’’                                           Robert Brown was a lifelong resident
                                             name of the Senator from Michigan                         The USS Iowa was also known as the                   of Thermopolis, WY, and he exempli-
                                             (Mr. PETERS) was added as a cosponsor                   ‘‘Battleship of Presidents.’’ In 1943,                 fied Wyoming’s values and a commit-
                                             of S. Res. 679, a resolution expressing                 President Franklin D. Roosevelt used                   ment to public service.
                                             appreciation and support for essential                  the ship for meetings with British                       After graduating from Thermopolis
                                             employees with disabilities or who are                  Prime Minister Winston Churchill and                   High School, Bob was inducted into the
                                             blind during the COVID–19 pandemic                      Soviet Premier Joseph Stalin. Presi-                   Army in 1944, and he served in both the
                                             and beyond.                                             dent George H.W. Bush re-commis-                       Europe and Pacific theaters. Later, in
                                                                 S. RES. 689                         sioned the USS Iowa in 1984 while serv-                1950, when he was part of the National
                                               At the request of Mr. RISCH, the                      ing as Vice President of the United                    Guard, Bob deployed to Korea, where
                                             name of the Senator from Georgia (Mr.                   States. Prior to the USS Iowa’s decom-                 he was a member of the 300th Armored
                                             PERDUE) was added as a cosponsor of S.                  missioning in 1990, President Ronald                   Field Artillery Battalion.
                                             Res. 689, a resolution condemning the                   Reagan used the ship for our Nation’s                    He served in World War II, in both
                                             crackdown on peaceful protestors in                     Celebration of Liberty in New York                     theaters, and then in Korea. The
                                             Belarus and calling for the imposition                  City on July 4, 1986.                                  United States was poorly prepared for
                                             of sanctions on responsible officials.                    The USS Iowa earned nine battle                      Korea, downsizing the military after
                                                                 S. RES. 701                         stars for service in World War II and                  the Second World War. The National
                                               At the request of Mr. CARDIN, the                     two for service during the Korean War.                 Guard responded with little or no
                                             name of the Senator from Ohio (Mr.                      The ship was also awarded the Navy                     training or equipment.
                                             BROWN) was added as a cosponsor of S.                   Meritorious Unit Commendation, the                       Bob Brown went to another war. He
                                             Res. 701, a resolution urging the Gov-                  Navy Occupation Service Medal, the                     earned a Unit Citation. He received the
                                             ernment of Burma to hold free, fair, in-                Armed Forces Expeditionary Medal,                      Combat Infantry Badge and the Purple
                                             clusive, transparent, participatory, and                and the Navy ‘‘E’’ Ribbon—four times.                  Heart.
                                             credible elections on November 8, 2020.                   In 2012, the Navy donated the Battle-                  Upon returning to Thermopolis, Bob
                                                                                                     ship Iowa to the Pacific Battleship                    began a career with the U.S. Postal
                                                                 S. RES. 709
                                                                                                     Center, which established the Battle-                  Service. That career spanned 44 years,
                                               At the request of Mr. GRAHAM, the                     ship USS Iowa Museum at the Port of                    including many years as postmaster. I
                                             names of the Senator from Washington                    Los Angeles. Since its opening, the Mu-                hope John will tell more of the postal
                                             (Ms. CANTWELL), the Senator from Con-                   seum has welcomed millions of visi-                    love affair and how Bob Brown met and
                                             necticut (Mr. MURPHY), the Senator                      tors.                                                  courted the person who picked up the
                                             from Nevada (Ms. CORTEZ MASTO) and                        The Museum also hosts numerous                       mail. That lady later became my first
                                             the Senator from Hawaii (Ms. HIRONO)                    military activities including enlist-                  Sunday school teacher.
                                             were added as cosponsors of S. Res. 709,                ments,                    re-enlistments,                Bob passed away earlier this month.
                                             a resolution expressing the sense of the                commissionings, promotions, and com-                   At 94 years of age, he did have some
                                             Senate that the August 13, 2020, and                    munity service days. The museum also                   health issues, but he had a devoted
                                             September 11, 2020, announcements of                    provides on-site training for Federal,                 daughter, Bobbi Brown Barrasso, wife
                                             the establishment of full diplomatic re-                State, and local law enforcement per-                  of Senator BARRASSO, who had been
                                             lations between the State of Israel and                 sonnel.                                                Senator Thomas’ State director. She
                                             the United Arab Emirates and the                          Due to the coronavirus pandemic, the                 was her dad’s caregiver. She took care
                                             State of Israel and the Kingdom of                      museum has closed all of its indoor ex-                of him in Casper as well as
                                             Bahrain are historic achievements.                      hibits and has struggled to attract visi-              Thermopolis. She drove him back and
                                                              f                                      tors. As a non-profit organization the                 forth wherever he wanted or needed to
                                                                                                     museum is supported solely by admis-                   go, which meant especially back and




dlhill on DSK120RN23PROD with SENATE
                                               STATEMENTS ON INTRODUCED                              sions, donations, event space rentals,                 forth to needed clinics with doctors in
                                               BILLS AND JOINT RESOLUTION                            and the gift shops.                                    Thermopolis and in Casper. When
                                                   By Mrs. FEINSTEIN:                                  How the bill would help: Our bill                    COVID happened, she stayed with him
                                               S. 4683. A bill to designate the Battle-              would designate the USS Battleship                     and protected him.
                                             ship IOWA Museum, located in Los An-                    Iowa Museum as the ‘‘National Mu-                        Bob Brown will be sorely missed in
                                             geles, California, as the National Mu-                  seum of the Surface Navy’’ to raise                    his community, and I can think of no



                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00025   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.021   S24SEPT1
                                             S5868                                             CONGRESSIONAL RECORD — SENATE                                                  September 24, 2020
                                             better way to honor someone with such                     Mr. BARRASSO. First, Mr. Presi-                      then to everyone else there, he said:
                                             a long and storied career with the U.S.                 dent, I would like to express my deep                  And it is your job to keep it up.
                                             Postal Service, as well as with the peo-                appreciation, admiration, and respect                    Like you, Mr. President; you, Sen-
                                             ple of Thermopolis, than to introduce                   to both Senator ENZI and Senator CAR-                  ator ENZI; you, Senator CARPER—Bob
                                             this bill to name the Thermopolis post                  PER for introducing this legislation to                Brown was one to keep it up.
                                             office after him.                                       honor Bob Brown. There he is. This is                    Since we have bipartisan cosponsors
                                               That historic building holds the                      actually a picture of us. I am next to                 and sponsors of this legislation, let me
                                             memories of a veteran who came home                     him.                                                   then talk about JOHN KENNEDY, who at
                                             to work and spent his entire career in                    When you look at that smile, that is                 his inaugural talked about this Nation
                                             that building, winding up as post-                      a smile that is as beautiful as the sun-               being willing to pay any price, bear
                                             master.                                                 rise, as welcoming as a rainbow. What                  any burden, meet any hardship, sup-
                                               The lead Democratic cosponsor of                      a wonderful man.                                       port any friend, and oppose any foe.
                                             this bipartisan bill is Senator TOM                       He    was    known     by   many    in               That is Bob Brown, all-American.
                                             CARPER, who is the strongest advocate                   Thermopolis as Bob Brown, the nicest                     Ronald Reagan talked about the fact
                                             I know of for the U.S. Postal Service.                  guy in town. It was his hometown, and                  that freedom is never more than one
                                               Mr. CARPER. Mr. President, I want                     it stayed with him from high school—                   generation away from extinction. It is
                                             to thank my colleague Senator ENZI                      1943.                                                  not something that we inherited in the
                                             for allowing me to be his wingman on                      This Greatest Generation, Mike and                   bloodstream. It is something that has
                                             this particular postal naming bill.                     Tom, as veterans—having worn the                       to be fought for, protected, defended,
                                               I never met Robert Brown. I cer-                      uniform, borne the battle—know that                    and then handed down to the next gen-
                                             tainly know his daughter Bobbi, and I                   we are losing the Greatest Generation                  eration to do the same. And that is Bob
                                             certainly know his son-in-law, JOHN                     so rapidly. What a generation—World                    Brown.
                                             BARRASSO, my colleague.                                 War II, the European theater, the Pa-                    This year is Wyoming’s 130th birth-
                                               Just listening to what Senator ENZI                   cific theater, returning home, working                 day, turned 130 this summer. So, 30
                                             has said—service in World War II, serv-                 in the post office.                                    years ago, we celebrated the 100th an-
                                             ice in the Korean war, service in the                     As Senator ENZI said, he was a postal                niversary of Wyoming, and George Her-
                                             U.S. Postal Service—that is a lifetime                  clerk. There was a young lady, Jeralyn,                bert Walker Bush, then-President of
                                             of service. That is a lifetime of service.              who worked at the local bank, and she                  the United States, came to Wyoming to
                                               In my own family, my dad and my                       would come every day to pick up the                    talk about Wyoming and its history.
                                             uncles all served in World War II, a                    mail. She caught his eye, he caught her                He said: Wyoming is a very special and
                                             number in Korea as well, and a cousin                   eye, and they lived and married and                    sacred place. And he said: The values
                                             in the U.S. Postal Service for many                     were together for 70 years—70 years.                   and divisions of Wyoming continue to
                                             years. I like to say—I know this isn’t                  They had two wonderful children—                       inspire America.
                                             original to me—that service to others                   Mike Brown and my wife, Bobbi—and a                      Bob Brown’s values and his vision
                                             is the rent we pay for the space we                     granddaughter, who really was the                      continue to inspire everyone who was
                                             take up on this Earth. Think about                      apple of their eye, Hadley.                            ever privileged to know him. May he
                                             that. Service to others is the rent we                    But this group—World War II and                      rest in peace.
                                             pay for the space we take up on this                    Korea, as the Senators both men-                         The PRESIDING OFFICER. The Sen-
                                             Earth.                                                  tioned—in the Korean war, Bob was                      ator from Delaware.
                                               I would say to Robert L. Brown, if                    part of the 300th, the Cowboy Cannon-                    Mr. CARPER. Mr. President, I want
                                             you are listening—I think you probably                  eers, an incredible unit—Unit Bravery                  to add one thought. I was about to run
                                             are—thank you for your extraordinary                    Citation. He was awarded the Purple                    and jump in my minivan and head to
                                             service, and thank you for Bobbi. And                   Heart. He never talked about it. He was                Delaware. The thought occurred to me,
                                             we ought to thank Bobbi, your daugh-                    very humble.                                           your father-in-law served all those
                                             ter, Mr. BROWN, for sharing your hus-                     He returned to Thermopolis, just                     years in uniform with the Army and
                                             band with us. He is a good man. It is a                 took care of people in the community,                  then many more years in uniform with
                                             good package, and we are grateful for                   to the point of serving as postmaster                  the Postal Service.
                                             that.                                                   for many of his 44 years at the post of-                 I want to say to the men and women
                                               None of us can live forever. Senator                  fice. People knew him, loved him, and                  who serve in the Postal Service today,
                                             BARRASSO was telling me—gosh—not                        admired him.                                           around the country and, literally,
                                             even a month ago about driving his fa-                    I know that Mike had a chance to                     around the world—to the men and
                                             ther-in-law I think it was 400 miles or                 talk to the postmaster in Thermopolis                  women who are serving in uniform, the
                                             something from Wyoming up to maybe                      yesterday about what we were going to                  Army, Navy, Air Force, Marine Corps,
                                             Montana for medical care, medical at-                   do. She had actually known Bob, as                     Coast Guard—I just want to say to the
                                             tention. I thought: What an extraor-                    anyone in town had, and was very                       Postal Service, thank you for enabling
                                             dinary act of love and kindness. I don’t                grateful for having known him.                         our men and women in service, in uni-
                                             think his death was imminent at the                       Last year Bob and Jerry celebrated                   form, who are serving around the
                                             time, but it was a great opportunity, I                 their 70th wedding anniversary. We lost                world, to actually vote this year.
                                             bet, for the two of them to just renew                  Jerry this spring, and on 9/11 we lost                   When I was a naval flight officer in
                                             and bond one more time.                                 Bob. He passed away at the age of 94.                  Southeast Asia during my first and
                                               It is sad to say good-bye. None of us                 He was surrounded by his loving fam-                   third tour, I was in a P–3 squadron, and
                                             can live forever, though, and for those                 ily. And his daughter Bobbi truly is, as               we did service surveillance for engineer
                                             who lived lives of service like Bobbi’s                 Senator ENZI said, the caregiver. I say                aircraft—land base, South China Sea,
                                             dad, we just say this, especially in                    she is a saint. People who know her                    the Gulf of Thailand, and off the coast
                                             Navy talk—I am a retired Navy cap-                      know that to be true.                                  of Vietnam. I was asked by my com-
                                             tain, Vietnam veteran. In the Navy, we                    As we talk about this Greatest Gen-                  manding officer to be the voting offi-
                                             like to say of folks in the Army: Dif-                  eration, of which Bob was a very sig-                  cer—and not once but in 1970 and again
                                             ferent uniform, same team.                              nificant part, we can think back to the                in 1972. We had 300 men. We had no
                                               When folks do extraordinary things                    history of this country.                               women in our squadron then. But my
                                             in service to our country, whether it is                  Mr. President, in the Chair, you are a               job was to get 300 men signed up, reg-
                                             in uniform of the Army or whether it is                 marine, and you know this. It reminds                  istered to vote in their States—and
                                             in uniform of the Navy or the Postal                    me of the speech that Abraham Lincoln                  they are from all over the country—




dlhill on DSK120RN23PROD with SENATE
                                             Service, we say Bravo Zulu. Bravo                       gave during his first year as President                and I did the same thing again in 1972.
                                             Zulu.                                                   in the White House. On the Fourth of                     It was a source of great joy to me to
                                               Thank you for allowing me to join                     July, there was a flag-raising cere-                   know that we were able to exercise our
                                             you.                                                    mony, and he gave a very short speech.                 right to vote on the other side of the
                                               The PRESIDING OFFICER. The Sen-                       The speech that Lincoln gave that day                  world and made possible by the Postal
                                             ator from Wyoming.                                      was: It is my job to raise the flag. And               Service.



                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00026   Fmt 4624   Sfmt 0634   E:\CR\FM\G24SE6.020   S24SEPT1
                                             September 24, 2020                                CONGRESSIONAL RECORD — SENATE                                                                     S5869
                                               That thought occurred because your                    the West LA VA for the development of                  state Route 65) from the interchange with
                                             dad has been both on the sending and                    supportive housing and services on                     Interstate 65 in Barren County, Kentucky,
                                             receiving side as a member of the Army                  campus.                                                east to the interchange with U.S. Highway 27
                                                                                                                                                            in Somerset, Kentucky.’’.
                                             and at the Postal Service.                                The bill would also increase the time
                                               May he rest in peace. God bless.                      period for enhanced use leases on the                        By Mr. DURBIN (for himself, Ms.
                                                                                                     campus from 75 to 99 years. Increasing                          BALDWIN, Ms. STABENOW, Mr.
                                                    By Mrs. FEINSTEIN:                               the length of the leases would align
                                                S. 4703. A bill to amend the West Los                                                                                REED, and Ms. HIRONO):
                                                                                                     with other leasing terms the VA has,                     S. 4713. A bill to amend the Internal
                                             Angeles Leasing Act of 2016 to author-                  and help reduce the financing costs for
                                             ize the use of certain funds received                                                                          Revenue Code of 1986 to exempt a por-
                                                                                                     new housing.                                           tion of unemployment compensation
                                             pursuant to leases entered into under                     This year, the regional homelessness
                                             such Act, and for other purposes; to the                                                                       received during 2020 from income taxes;
                                                                                                     count reported that more than 3,900                    to the Committee on Finance.
                                             Committee on Veterans’ Affairs.                         Veterans are experiencing homeless-
                                                Mr. President, I rise to speak in sup-                                                                        Mr. DURBIN. Mr. President, I ask
                                                                                                     ness in Los Angeles. It is long past                   unanimous consent that the text of the
                                             port of the ‘‘West Los Angeles VA Cam-                  time for this land to be returned to its
                                             pus Improvement Act,’’ which I intro-                                                                          bill be printed in the RECORD.
                                                                                                     intended purpose: to serve as a home                     There being no objection, the text of
                                             duced today. Representative TED LIEU                    where Veterans can receive the care
                                             (D–CA) has introduced similar legisla-                                                                         the bill was ordered to be printed in
                                                                                                     and treatment they deserve. This bill                  the RECORD, as follows:
                                             tion in the House.                                      will help move us closer to that re-
                                                In 1888, the 388-acre parcel that is                                                                                             S. 4713
                                                                                                     ality.
                                             now home to the West Los Angeles VA                       I hope my colleagues will join me in                   Be it enacted by the Senate and House of Rep-
                                             Medical Center was deeded to the Fed-                                                                          resentatives of the United States of America in
                                                                                                     support of this bill. Thank you, Mr.                   Congress assembled,
                                             eral government by Arcadia Bandini de                   President, and I yield the floor.                      SECTION 1. SHORT TITLE.
                                             Stearns Baker and Senator John P.                              By Mr. MCCONNELL:                                This Act may be cited as the ‘‘Coronavirus
                                             Jones, to establish a home for disabled                   S. 4706. A bill to amend the Inter-                  Unemployment Benefits Tax Relief Act’’.
                                             Veterans (civil war Veterans, at the                    modal Surface Transportation Effi-                     SEC. 2. SUSPENSION OF TAX ON PORTION OF UN-
                                             time).                                                  ciency Act of 1991 with respect to the                             EMPLOYMENT COMPENSATION.
                                                For nearly a century, the land served                Louie B. Nunn (Cumberland) Parkway,                      (a) IN GENERAL.—Section 85 of the Internal
                                             primarily to house Veterans, and the                    to amend title 23, United States Code,                 Revenue Code of 1986 is amended by adding
                                             campus long represented the largest                     to modify a provision relating to the                  at the end the following new subsection:
                                             Veteran housing development in the                      operation of vehicles on that highway,                   ‘‘(c) SPECIAL RULE FOR 2020.—In the case of
                                             nation. In the early 1970s, 2,800 Vet-                  and for other purposes; to the Com-                    any taxable year beginning in 2020, gross in-
                                             erans living on the West LA VA cam-                                                                            come shall not include so much of the unem-
                                                                                                     mittee on Environment and Public                       ployment compensation received by an indi-
                                             pus were displaced when the Sylmar                      Works.                                                 vidual as does not exceed $10,200.’’.
                                             Earthquake caused major damage on                         Mr. MCCONNELL. Mr. President, I                        (b) EFFECTIVE DATE.—The amendment
                                             campus. Rather than repair the hous-                    ask unanimous consent that the text of                 made by this section shall apply to taxable
                                             ing units, the VA eventually leased                     the bill be printed in the RECORD.                     years beginning after December 31, 2019.
                                             portions of the property to non-VA ten-                   There being no objection, the text of
                                             ants.                                                   the bill was ordered to be printed in                         By Mr. DURBIN (for himself, Ms.
                                                In 2011, homeless Veterans and advo-                 the RECORD, as follows:                                         CORTEZ MASTO, Mr. BROWN,
                                             cates sued the VA for illegally leasing                                      S. 4706                                    Mrs. SHAHEEN, Ms. SMITH, Ms.
                                             facilities on campus and failing to use                   Be it enacted by the Senate and House of Rep-
                                                                                                                                                                     KLOBUCHAR, Mrs. FEINSTEIN,
                                             the property to support Veterans, as                    resentatives of the United States of America in                 Mr. BENNET, Mr. REED, Mr.
                                             required by the original deed.                          Congress assembled,                                             MERKLEY, Mr. BLUMENTHAL, Ms.
                                                A U.S. District Court subsequently                   SECTION    1.
                                                                                                                 LOUIE B. NUNN (CUMBERLAND)                          DUCKWORTH, Ms. STABENOW, Ms.
                                             ruled that many leases on campus were                              PARKWAY.                                             ROSEN, and Mr. MENENDEZ):
                                             illegal under the terms of the original                   (a) DESIGNATION AS HIGH PRIORITY COR-                  S. 4714. A bill to preserve health ben-
                                             deed, and in 2015, the VA agreed to fa-                 RIDOR.—Section 1105(c) of the Intermodal               efits for workers; to the Committee on
                                             cilitate the development of 1,200 hous-                 Surface Transportation Efficiency Act of               Finance.
                                                                                                     1991 (Public Law 102–240; 105 Stat. 2032; 133
                                             ing units for homeless Veterans on                                                                               Mr. DURBIN. Mr. President, I ask
                                                                                                     Stat. 3018) is amended by adding at the end
                                             campus.                                                 the following:                                         unanimous consent that the text of the
                                                In 2016, Congress enacted the ‘‘West                   ‘‘(92) The Louie B. Nunn (Cumberland)                bill be printed in the RECORD.
                                             Los Angeles Leasing Act of 2016’’ to set                Parkway from the interchange with Inter-                 There being no objection, the text of
                                             up an oversight framework for the                       state 65 in Barren County, Kentucky, east to           the bill was ordered to be printed in
                                             housing development and to ensure                       the interchange with U.S. Highway 27 in                the RECORD, as follows:
                                             that lease revenues from ongoing                        Somerset, Kentucky.’’.                                                      S. 4714
                                             leases stayed on campus.                                  (b) DESIGNATION AS FUTURE INTERSTATE.—
                                                                                                     Section 1105(e)(5)(A) of the Intermodal Sur-             Be it enacted by the Senate and House of Rep-
                                                In 2018, the VA selected a ‘‘Principal                                                                      resentatives of the United States of America in
                                                                                                     face Transportation Efficiency Act of 1991
                                             Developer’’ to complete housing ren-                    (Public Law 102–240; 109 Stat. 597; 133 Stat.          Congress assembled,
                                             ovation and construction projects on                    3018) is amended in the first sentence by              SECTION 1. SHORT TITLE.
                                             campus, allowing for a more stream-                     striking ‘‘and subsection (c)(91)’’ and insert-         This Act may be cited as the ‘‘Worker
                                             lined and efficient building process.                   ing ‘‘subsection (c)(91), and subsection               Health Coverage Protection Act’’.
                                                However, the VA has determined that                  (c)(92)’’.                                             SEC. 2. PRESERVING HEALTH BENEFITS FOR
                                                                                                       (c) NUMBERING OF PARKWAY.—Section                               WORKERS.
                                             current law restricts it from contrib-
                                             uting to housing construction, mainte-                  1105(e)(5)(C)(i) of the Intermodal Surface               (a) PREMIUM ASSISTANCE FOR COBRA CON-
                                                                                                     Transportation Efficiency Act of 1991 (Public          TINUATION COVERAGE AND FURLOUGHED CON-
                                             nance, or services. The VA has deter-                                                                          TINUATION COVERAGE FOR INDIVIDUALS AND
                                                                                                     Law 102–240; 109 Stat. 598; 133 Stat. 3018) is
                                             mined that clarifying language is need-                 amended by adding at the end the following:            THEIR FAMILIES.—
                                             ed to ensure that funds generated on                    ‘‘The route referred to in subsection (c)(92) is         (1) PROVISION OF PREMIUM ASSISTANCE.—
                                             campus can be used for these purposes.                  designated as Interstate Route I–365.’’.                 (A) REDUCTION OF PREMIUMS PAYABLE.—
                                                Giving VA the flexibility to use lo-                   (d) OPERATION OF VEHICLES.—Section                     (i) COBRA CONTINUATION COVERAGE.—In the
                                             cally-generated revenue in this way                     127(l)(3)(A) of title 23, United States Code, is       case of any premium for a period of coverage
                                             could significantly reduce the time it                  amended—                                               during the period beginning on March 1, 2020,




dlhill on DSK120RN23PROD with SENATE
                                             takes to get homeless Veterans into                       (1) in the matter preceding clause (i), in           and ending on January 31, 2021 for COBRA
                                                                                                     the first sentence, by striking ‘‘clauses (i)          continuation coverage with respect to any
                                             housing.                                                through (iv) of this subparagraph’’ and in-            assistance eligible individual described in
                                                The West LA VA Campus Improve-                       serting ‘‘clauses (i) through (v)’’; and               paragraph (3)(A), such individual shall be
                                             ment Act authorizes the VA to use any                     (2) by adding at the end the following:              treated for purposes of any COBRA continu-
                                             funds collected pursuant to leases,                       ‘‘(v) The Louie B. Nunn (Cumberland)                 ation provision as having paid the amount of
                                             easements or other use-agreements at                    Parkway (to be designated as a spur of Inter-          such premium if such individual pays (and




                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00027   Fmt 4624   Sfmt 0634   E:\CR\FM\G24SE6.020   S24SEPT1
                                             S5870                                             CONGRESSIONAL RECORD — SENATE                                                   September 24, 2020
                                             any person other than such individual’s em-             ployer and that consists primarily of first-             (A) any individual that is a qualified bene-
                                             ployer pays on behalf of such individual) 0             aid services, prevention and wellness care, or         ficiary that—
                                             percent of the amount of such premium owed              similar care (or a combination of such care).            (i) is eligible for COBRA continuation cov-
                                             by such individual (as determined without                  (C) PREMIUM REIMBURSEMENT.—For provi-               erage by reason of a qualifying event speci-
                                             regard to this subsection).                             sions providing the payment of such pre-               fied in section 603(2) of the Employee Retire-
                                               (ii) FURLOUGHED CONTINUATION COVERAGE.—               mium, see section 6432 of the Internal Rev-            ment Income Security Act of 1974 (29 U.S.C.
                                             In the case of any premium for a period of              enue Code of 1986, as added by paragraph (14).         1163(2)), section 4980B(f)(3)(B) of the Internal
                                             coverage during the period beginning on                    (2) LIMITATION OF PERIOD OF PREMIUM AS-             Revenue Code of 1986, section 2203(2) of the
                                             March 1, 2020, and ending on January 31, 2021,          SISTANCE.—                                             Public Health Service Act (42 U.S.C.300bb–
                                             for coverage under a group health plan with                (A) ELIGIBILITY FOR ADDITIONAL COV-                 3(2)), or section 8905a of title 5, United States
                                             respect to any assistance eligible individual           ERAGE.—Paragraph (1)(A) shall not apply                Code (except for the voluntary termination
                                             described in paragraph (3)(B), such individual          with respect to—                                       of such individual’s employment by such in-
                                             shall be treated for purposes of coverage                  (i) any assistance eligible individual de-          dividual); and
                                             under the plan offered by the plan sponsor in           scribed in paragraph (3)(A) for months of                (ii) elects such coverage; or
                                             which the individual is enrolled as having              coverage beginning on or after the earlier               (B) any covered employee that is in a fur-
                                             paid the amount of such premium if such in-             of—                                                    lough period that remains eligible for cov-
                                             dividual pays (and any person other than                   (I) the first date that such individual is eli-     erage under a group health plan offered by
                                             such individual’s employer pays on behalf of            gible for coverage under any other group               the employer of such covered employee.
                                             such individual) 0 percent of the amount of             health plan (other than coverage consisting              (4) EXTENSION OF ELECTION PERIOD AND EF-
                                             such premium owed by such individual (as                of only dental, vision, counseling, or referral        FECT ON COVERAGE.—
                                             determined without regard to this sub-                  services (or a combination thereof), coverage            (A) IN GENERAL.—For purposes of applying
                                             section).                                               under a flexible spending arrangement (as              section 605(a) of the Employee Retirement
                                               (B) PLAN ENROLLMENT OPTION.—                          defined in section 106(c)(2) of the Internal           Income Security Act of 1974 (29 U.S.C.
                                               (i) IN GENERAL.—Notwithstanding the                   Revenue Code of 1986), coverage of treatment           1165(a)), section 4980B(f)(5)(A) of the Internal
                                             COBRA continuation provisions, any assist-              that is furnished in an on-site medical facil-         Revenue Code of 1986, section 2205(a) of the
                                             ance eligible individual who is enrolled in a           ity maintained by the employer and that                Public Health Service Act (42 U.S.C. 300bb–
                                             group health plan offered by a plan sponsor,            consists primarily of first-aid services, pre-         5(a)), and section 8905a(c)(2) of title 5, United
                                             not later than 90 days after the date of no-            vention and wellness care, or similar care (or         States Code, in the case of—
                                             tice of the plan enrollment option described            a combination thereof)), or eligible for bene-           (i) an individual who does not have an elec-
                                             in this subparagraph, may elect to enroll in            fits under the Medicare program under title            tion of COBRA continuation coverage in ef-
                                             coverage under a plan offered by such plan              XVIII of the Social Security Act (42 U.S.C.            fect on the date of the enactment of this Act
                                             sponsor that is different than coverage under           1395 et seq.); or                                      but who would be an assistance eligible indi-
                                             the plan in which such individual was en-                  (II) the earlier of—                                vidual described in paragraph (3)(A) if such
                                             rolled at the time—                                        (aa) the date following the expiration of           election were so in effect; or
                                               (I) in the case of any assistance eligible in-        the maximum period of continuation cov-                  (ii) an individual who elected COBRA con-
                                             dividual described in paragraph (3)(A), the             erage required under the applicable COBRA              tinuation coverage on or after March 1, 2020,
                                             qualifying event specified in section 603(2) of         continuation coverage provision; or
                                                                                                                                                            and discontinued from such coverage before
                                             the Employee Retirement Income Security                    (bb) the date following the expiration of
                                                                                                                                                            the date of the enactment of this Act,
                                             Act of 1974 (29 U.S.C. 1163(2)), section                the period of continuation coverage allowed
                                             4980B(f)(3)(B) of the Internal Revenue Code of          under paragraph (4)(B)(ii); or                         such individual may elect the COBRA con-
                                             1986, section 2203(2) of the Public Health                 (ii) any assistance eligible individual de-         tinuation coverage under the COBRA con-
                                             Service Act (42 U.S.C. 300bb–3(2)), or section          scribed in paragraph (3)(B) for months of cov-         tinuation coverage provisions containing
                                             8905a of title 5, United States Code (except            erage beginning on or after the earlier of—            such provisions during the period beginning
                                             for the voluntary termination of such indi-                (I) the first date that such individual is eli-     on the date of the enactment of this Act and
                                             vidual’s employment by such individual), oc-            gible for coverage under any other group               ending 60 days after the date on which the
                                             curred, and such coverage shall be treated as           health plan (other than coverage consisting            notification required under paragraph (7)(C)
                                             COBRA continuation coverage for purposes                of only dental, vision, counseling, or referral        is provided to such individual.
                                             of the applicable COBRA continuation cov-               services (or a combination thereof), coverage            (B) COMMENCEMENT OF COBRA CONTINUATION
                                             erage provision; or                                     under a flexible spending arrangement (as              COVERAGE.—Any COBRA continuation cov-
                                               (II) in the case of any assistance eligible           defined in section 106(c)(2) of the Internal           erage elected by a qualified beneficiary dur-
                                             individual described in paragraph (3)(B), the           Revenue Code of 1986), coverage of treatment           ing an extended election period under sub-
                                             furlough period began with respect to such              that is furnished in an on-site medical facil-         paragraph (A)—
                                             individual.                                             ity maintained by the employer and that                  (i) shall apply as if such qualified bene-
                                               (ii) REQUIREMENTS.—Any assistance eligi-              consists primarily of first-aid services, pre-         ficiary had been covered as of the date of a
                                             ble individual may elect to enroll in dif-              vention and wellness care, or similar care (or         qualifying event specified in section 603(2) of
                                             ferent coverage as described in clause (i)              a combination thereof)), or eligible for bene-         the Employee Retirement Income Security
                                             only if—                                                fits under the Medicare program under title            Act of 1974 (29 U.S.C. 1163(2)), section
                                               (I) the employer involved has made a de-              XVIII of the Social Security Act (42 U.S.C.            4980B(f)(3)(B) of the Internal Revenue Code of
                                             termination that such employer will permit              1395 et seq.); or                                      1986, section 2203(2) of the Public Health
                                             such assistance eligible individual to enroll              (II) the first date that such individual is no      Service Act (42 U.S.C. 300bb–3(2)), or section
                                             in different coverage as provided under this            longer in the furlough period.                         8905a of title 5, United States Code, except
                                             subparagraph;                                              (B) NOTIFICATION REQUIREMENT.—Any as-               for the voluntary termination of such bene-
                                               (II) the premium for such different cov-              sistance eligible individual shall notify the          ficiary’s employment by such beneficiary,
                                             erage does not exceed the premium for cov-              group health plan with respect to which                that occurs no earlier than March 1, 2020 (in-
                                             erage in which such individual was enrolled             paragraph (1)(A) applies if such paragraph             cluding the treatment of premium payments
                                             at the time such qualifying event occurred              ceases to apply by reason of clause (i)(I) or          under paragraph (1)(A) and any cost-sharing
                                             or immediately before such furlough began;              (ii)(I) of subparagraph (A) (as applicable).           requirements for items and services under a
                                               (III) the different coverage in which the in-         Such notice shall be provided to the group             group health plan); and
                                             dividual elects to enroll is coverage that is           health plan in such time and manner as may               (ii) shall not extend beyond the period of
                                             also offered to the active employees of the             be specified by the Secretary of Labor.                COBRA continuation coverage that would
                                             employer, who are not in a furlough period,                (C) SPECIAL ENROLLMENT PERIOD FOLLOWING             have been required under the applicable
                                             at the time at which such election is made;             EXPIRATION OF PREMIUM ASSISTANCE.—Not-                 COBRA continuation coverage provision if
                                             and                                                     withstanding section 1311 of the Patient Pro-          the coverage had been elected as required
                                               (IV) the different coverage in which the in-          tection and Affordable Care Act (42 U.S.C.             under such provision.
                                             dividual elects to enroll is not—                       18031), the expiration of premium assistance             (5) EXPEDITED REVIEW OF DENIALS OF PRE-
                                               (aa) coverage that provides only dental, vi-          pursuant to a limitation specified under sub-          MIUM ASSISTANCE.—In any case in which an
                                             sion, counseling, or referral services (or a            paragraph (A) shall be treated as a quali-             individual requests treatment as an assist-
                                             combination of such services);                          fying event for which any assistance eligible          ance eligible individual described in subpara-
                                               (bb) a qualified small employer health re-            individual is eligible to enroll in a qualified        graph (A) or (B) of paragraph (3) and is de-
                                             imbursement arrangement (as defined in sec-             health plan offered through an Exchange                nied such treatment by the group health
                                             tion 9831(d)(2) of the Internal Revenue Code            under title I of such Act (42 U.S.C. 18001 et          plan, the Secretary of Labor (or the Sec-




dlhill on DSK120RN23PROD with SENATE
                                             of 1986);                                               seq.) during a special enrollment period.              retary of Health and Human Services in con-
                                               (cc) a flexible spending arrangement (as de-             (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For             nection with COBRA continuation coverage
                                             fined in section 106(c)(2) of the Internal Rev-         purposes of this section, the term ‘‘assist-           which is provided other than pursuant to
                                             enue Code of 1986); or                                  ance eligible individual’’ means, with respect         part 6 of subtitle B of title I of the Employee
                                               (dd) benefits that provide coverage for               to a period of coverage during the period be-          Retirement Income Security Act of 1974 (29
                                             services or treatments furnished in an on-              ginning on March 1, 2020, and ending on Jan-           U.S.C. 1161 et seq.)), in consultation with the
                                             site medical facility maintained by the em-             uary 31, 2021—                                         Secretary of the Treasury, shall provide for




                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00028   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.048   S24SEPT1
                                             September 24, 2020                                CONGRESSIONAL RECORD — SENATE                                                                     S5871
                                             expedited review of such denial. An indi-               evant information in connection with such              graph (3)(A) (or any individual described in
                                             vidual shall be entitled to such review upon            premium assistance;                                    paragraph (4)(A)) who became entitled to
                                             application to such Secretary in such form                (iii) a description of the extended election         elect COBRA continuation coverage before
                                             and manner as shall be provided by such Sec-            period provided for in paragraph (4)(A);               the date of the enactment of this Act, the
                                             retary, in consultation with the Secretary of             (iv) a description of the obligation of the          administrator of the applicable group health
                                             Treasury. Such Secretary shall make a de-               qualified beneficiary under paragraph (2)(B)           plan (or other entity) shall provide (within 60
                                             termination regarding such individual’s eli-            and the penalty provided under section 6720C           days after the date of enactment of this Act)
                                             gibility within 15 business days after receipt          of the Internal Revenue Code of 1986 for fail-         for the additional notification required to be
                                             of such individual’s application for review             ure to carry out the obligation;                       provided under subparagraph (A) and failure
                                             under this paragraph. Either Secretary’s de-              (v) a description, displayed in a prominent          to provide such notice shall be treated as a
                                             termination upon review of the denial shall             manner, of the qualified beneficiary’s right           failure to meet the notice requirements
                                             be de novo and shall be the final determina-            to a reduced premium and any conditions on             under the applicable COBRA continuation
                                             tion of such Secretary. A reviewing court               entitlement to the reduced premium;                    provision.
                                             shall grant deference to such Secretary’s de-             (vi) a description of the option of the quali-         (D) MODEL NOTICES.—Not later than 30 days
                                             termination. The provisions of this para-               fied beneficiary to enroll in different cov-           after the date of enactment of this Act, with
                                             graph, paragraphs (1) through (4), and para-            erage if the employer permits such bene-               respect to any assistance eligible individual
                                             graphs (7) through (9) shall be treated as pro-         ficiary to elect to enroll in such different           described in paragraph (3)(A)—
                                             visions of title I of the Employee Retirement           coverage under paragraph (1)(B); and                     (i) the Secretary of Labor, in consultation
                                                                                                       (vii) information regarding any Exchange             with the Secretary of the Treasury and the
                                             Income Security Act of 1974 (29 U.S.C. 1001 et
                                                                                                     established under title I of the Patient Pro-          Secretary of Health and Human Services,
                                             seq.) for purposes of part 5 of subtitle B of
                                                                                                     tection and Affordable Care Act (42 U.S.C.             shall prescribe models for the additional no-
                                             such title.
                                                                                                     18001 et seq.) through which a qualified bene-         tification required under this paragraph
                                               (6) DISREGARD OF SUBSIDIES FOR PURPOSES
                                                                                                     ficiary may be eligible to enroll in a quali-          (other than the additional notification de-
                                             OF FEDERAL AND STATE PROGRAMS.—Notwith-
                                                                                                     fied health plan, including—                           scribed in clause (ii)); and
                                             standing any other provision of law, any pre-
                                                                                                       (I) the publicly accessible internet website           (ii) in the case of any additional notifica-
                                             mium assistance with respect to an assist-
                                                                                                     address for such Exchange;                             tion provided pursuant to subparagraph (A)
                                             ance eligible individual under this sub-                  (II) the publicly accessible internet website        under section 8905a(f)(2)(A) of title 5, United
                                             section shall not be considered income, in-             address for the Find Local Help directory              States Code, the Office of Personnel Manage-
                                             kind support, or resources for purposes of de-          maintained by the Department of Health and             ment shall prescribe a model for such addi-
                                             termining the eligibility of the recipient (or          Human Services on the healthcare.gov inter-            tional notification.
                                             the recipient’s spouse or family) for benefits          net website (or a successor website);                    (8) FURLOUGH-SPECIFIC NOTICE.—
                                             or assistance, or the amount or extent of                 (III) a clear explanation that—                        (A) IN GENERAL.—With respect to any as-
                                             benefits or assistance, or any other benefit              (aa) an individual who is eligible for con-          sistance eligible individual described in para-
                                             provided under any Federal program or any               tinuation coverage may also be eligible to             graph (3)(B) who, during the period described
                                             program of a State or political subdivision             enroll, with financial assistance, in a quali-         in such paragraph, becomes eligible for as-
                                             thereof financed in whole or in part with               fied health plan offered through such Ex-              sistance pursuant to paragraph (1)(A)(ii), the
                                             Federal funds.                                          change, but, in the case that such individual          requirements of section 606(a)(4) of the Em-
                                               (7) COBRA-SPECIFIC NOTICE.—                           elects to enroll in such continuation cov-             ployee Retirement Income Security Act of
                                               (A) GENERAL NOTICE.—                                  erage and subsequently elects to terminate             1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D)
                                               (i) IN GENERAL.—In the case of notices pro-           such continuation coverage before the period           of the Internal Revenue Code of 1986, section
                                             vided under section 606(a)(4) of the Employee           of such continuation coverage expires, such            2206(4) of the Public Health Service Act (42
                                             Retirement Income Security Act of 1974 (29              termination does not initiate a special en-            U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) of
                                             U.S.C. 1166(4)), section 4980B(f)(6)(D) of the          rollment period (absent a qualifying event             title 5, United States Code, shall not be
                                             Internal Revenue Code of 1986, section 2206(4)          specified in section 603(2) of the Employee            treated as met unless the group health plan
                                             of the Public Health Service Act (42 U.S.C.             Retirement Income Security Act of 1974 (29             administrator, in accordance with the tim-
                                             300bb–6(4)), or section 8905a(f)(2)(A) of title 5,      U.S.C. 1163(2)), section 4980B(f)(3)(B) of the         ing requirement specified under subpara-
                                             United States Code, with respect to individ-            Internal Revenue Code of 1986, section 2203(2)         graph (B), provides to the individual a writ-
                                             uals who, during the period described in                of the Public Health Service Act (42 U.S.C.            ten notice in clear and understandable lan-
                                             paragraph (3), become entitled to elect                 300bb–3(2)), or section 8905a of title 5, United       guage of—
                                             COBRA continuation coverage, the require-               States Code, with respect to such indi-                  (i) the availability of premium assistance
                                             ments of such provisions shall not be treated           vidual); and                                           with respect to such coverage under this sub-
                                             as met unless such notices include an addi-               (bb) an individual who elects to enroll in           section;
                                             tional notification to the recipient a written          continuation coverage will remain eligible to            (ii) the option of the qualified beneficiary
                                             notice in clear and understandable language             enroll in a qualified health plan offered              to enroll in different coverage if the em-
                                             of—                                                     through such Exchange during an open en-               ployer permits such beneficiary to elect to
                                               (I) the availability of premium assistance            rollment period and may be eligible for fi-            enroll in such different coverage under para-
                                             with respect to such coverage under this sub-           nancial assistance with respect to enrolling           graph (1)(B); and
                                             section; and                                            in such a qualified health plan;                         (iii) the information specified under para-
                                               (II) the option to enroll in different cov-             (IV) information on consumer protections             graph (7)(B) (as applicable).
                                             erage if the employer permits assistance eli-           with respect to enrolling in a qualified                 (B) TIMING SPECIFIED.—For purposes of sub-
                                             gible individuals described in paragraph                health plan offered through such Exchange,             paragraph (A), the timing requirement speci-
                                             (3)(A) to elect enrollment in different cov-            including the requirement for such a quali-            fied in this subparagraph is—
                                             erage (as described in paragraph (1)(B)).               fied health plan to provide coverage for es-             (i) with respect to such an individual who
                                               (ii) ALTERNATIVE NOTICE.—In the case of               sential health benefits (as defined in section         is within a furlough period during the period
                                             COBRA continuation coverage to which the                1302(b) of such Act (42 U.S.C. 18022(b))) and          beginning on March 1, 2020, and ending on
                                             notice provision under such sections does not           the requirements applicable to such a quali-           the date of the enactment of this Act, 30
                                             apply, the Secretary of Labor, in consulta-             fied health plan under part A of title XXVII           days after the date of such enactment; and
                                             tion with the Secretary of the Treasury and             of the Public Health Service Act (42 U.S.C.              (ii) with respect to such an individual who
                                             the Secretary of Health and Human Services,             300gg et seq.);                                        is within a furlough period during the period
                                             shall, in consultation with administrators of             (V) information on the availability of fi-           beginning on the first day after the date of
                                             the group health plans (or other entities)              nancial assistance with respect to enrolling           the enactment of this Act and ending on
                                             that provide or administer the COBRA con-               in a qualified health plan, including the              January 31, 2021, 30 days after the date of the
                                             tinuation coverage involved, provide rules              maximum income limit for eligibility for the           beginning of such furlough period.
                                             requiring the provision of such notice.                 premium tax credit under section 36B of the              (C) MODEL NOTICES.—Not later than 30 days
                                               (iii) FORM.—The requirement of the addi-              Internal Revenue Code of 1986; and                     after the date of enactment of this Act, with
                                             tional notification under this subparagraph               (VI) information on any special enrollment           respect to any assistance eligible individual
                                             may be met by amendment of existing notice              periods during which any assistance eligible           described in paragraph (3)(B)—
                                             forms or by inclusion of a separate document            individual described in paragraph (3)(A)(i)              (i) the Secretary of Labor, in consultation
                                             with the notice otherwise required.                     may be eligible to enroll, with financial as-          with the Secretary of the Treasury and the
                                               (B) SPECIFIC REQUIREMENTS.—Each addi-                 sistance, in a qualified health plan offered           Secretary of Health and Human Services,
                                             tional notification under subparagraph (A)              through such Exchange (including a special             shall prescribe models for the notification




dlhill on DSK120RN23PROD with SENATE
                                             shall include—                                          enrollment period for which an individual              required under this paragraph (other than
                                               (i) the forms necessary for establishing eli-         may be eligible due to the expiration of pre-          the notification described in clause (ii)); and
                                             gibility for premium assistance under this              mium assistance pursuant to a limitation                 (ii) in the case of any notification provided
                                             subsection;                                             specified under paragraph (2)(A)).                     pursuant to subparagraph (A) under section
                                               (ii) the name, address, and telephone num-              (C) NOTICE IN CONNECTION WITH EXTENDED               8905a(f)(2)(A) of title 5, United States Code,
                                             ber necessary to contact the plan adminis-              ELECTION PERIODS.—In the case of any assist-           the Office of Personnel Management shall
                                             trator and any other person maintaining rel-            ance eligible individual described in para-            prescribe a model for such notification.




                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00029   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.048   S24SEPT1
                                             S5872                                             CONGRESSIONAL RECORD — SENATE                                                  September 24, 2020
                                               (9) NOTICE OF EXPIRATION OF PERIOD OF PRE-            plan administrators, public assistance pro-            nondisciplinary reason) to an amount that is
                                             MIUM ASSISTANCE.—                                       grams, States, insurers, and other entities as         less than 70 percent of the base month
                                               (A) IN GENERAL.—With respect to any as-               determined appropriate by such Secretaries.            amount; and
                                             sistance eligible individual, subject to sub-           Such outreach shall include an initial focus             (II) ending with the earlier of—
                                             paragraph (B), the requirements of section              on those individuals electing continuation               (aa) the first month beginning after Janu-
                                             606(a)(4) of the Employee Retirement Income             coverage who are referred to in paragraph              ary 31, 2021; or
                                             Security Act of 1974 (29 U.S.C. 1166(4)), sec-          (7)(C). Information on such premium assist-              (bb) the month following the first month
                                             tion 4980B(f)(6)(D) of the Internal Revenue             ance, including enrollment, shall also be              during which work hours of such employee
                                             Code of 1986, section 2206(4) of the Public             made available on websites of the Depart-              are greater than 80 percent of work hours of
                                             Health Service Act (42 U.S.C. 300bb–6(4)), or           ments of Labor, Treasury, and Health and               the base month amount.
                                             section 8905a(f)(2)(A) of title 5, United States        Human Services.                                          (ii) BASE MONTH AMOUNT.—For purposes of
                                             Code, shall not be treated as met unless the               (B) ENROLLMENT UNDER MEDICARE.—The                  clause (i), the term ‘‘base month amount’’
                                             employer of the individual, during the period           Secretary of Health and Human Services                 means, with respect to an individual and an
                                             specified under subparagraph (C), provides to           shall provide outreach consisting of public            employer of such individual, the greater of—
                                             such individual a written notice in clear and           education. Such outreach shall target indi-              (I) such individual’s work hours in the
                                             understandable language—                                viduals who lose health insurance coverage.            month prior (or in the case such individual
                                               (i) that the premium assistance for such              Such outreach shall include information re-            had no work hours in the month prior and
                                             individual will expire soon and the promi-              garding enrollment for benefits under title            had work hours in the 3 months prior, the
                                             nent identification of the date of such expi-           XVIII of the Social Security Act (42 U.S.C.            last month with work hours within the prior
                                             ration;                                                 1395 et seq.) for purposes of preventing mis-          3 months); and
                                               (ii) that such individual may be eligible for         taken delays of such enrollment by such in-              (II) such individual’s work hours during
                                             coverage without any premium assistance                 dividuals, including lifetime penalties for            the period beginning January 1, 2020 and end-
                                             through—                                                failure of timely enrollment.                          ing January 31, 2020.
                                               (I) COBRA continuation coverage; or                      (12) DEFINITIONS.—For purposes of this sec-           (13) REPORTS.—
                                               (II) coverage under a group health plan;              tion:                                                    (A) INTERIM REPORT.—The Secretary of the
                                               (iii) that the expiration of premium assist-             (A) ADMINISTRATOR.—The term ‘‘adminis-              Treasury and the Secretary of Labor shall
                                             ance is treated as a qualifying event for               trator’’ has the meaning given such term in            jointly submit an interim report to the Com-
                                             which any assistance eligible individual is             section 3(16)(A) of the Employee Retirement            mittee on Education and Labor, the Com-
                                             eligible to enroll in a qualified health plan           Income Security Act of 1974.                           mittee on Ways and Means, and the Com-
                                             offered through an Exchange under title I of               (B) COBRA CONTINUATION COVERAGE.—The                mittee on Energy and Commerce of the
                                             such Act (42 U.S.C. 18001 et seq.) during a             term     ‘‘COBRA     continuation    coverage’’        House of Representatives and the Committee
                                             special enrollment period; and                          means continuation coverage provided pur-              on Health, Education, Labor, and Pensions
                                               (iv) the information specified in paragraph           suant to part 6 of subtitle B of title I of the        and the Committee on Finance of the Senate
                                             (7)(B)(vii).                                            Employee Retirement Income Security Act                regarding the premium assistance provided
                                               (B) EXCEPTION.—The requirement for the                of 1974 (other than under section 609), title          under this subsection that includes—
                                             group health plan administrator to provide              XXII of the Public Health Service Act, sec-              (i) the number of individuals provided such
                                             the written notice under subparagraph (A)               tion 4980B of the Internal Revenue Code of             assistance as of the date of the report; and
                                             shall be waived in the case the premium as-             1986 (other than subsection (f)(1) of such sec-          (ii) the total amount of expenditures in-
                                             sistance for such individual expires pursuant           tion insofar as it relates to pediatric vac-           curred (with administrative expenditures
                                             to clause (i)(I) or (ii)(I) of paragraph (2)(A).        cines), or section 8905a of title 5, United            noted separately) in connection with such
                                               (C) PERIOD SPECIFIED.—For purposes of sub-            States Code, or under a State program that             assistance as of the date of the report.
                                             paragraph (A), the period specified in this             provides comparable continuation coverage.               (B) FINAL REPORT.—As soon as practicable
                                             subparagraph is, with respect to the date of            Such term does not include coverage under a            after the last period of COBRA continuation
                                             expiration of premium assistance for any as-            health flexible spending arrangement under             coverage for which premium assistance is
                                             sistance eligible individual pursuant to a              a cafeteria plan within the meaning of sec-            provided under this section, the Secretary of
                                             limitation requiring a notice under this                tion 125 of the Internal Revenue Code of 1986.         the Treasury and the Secretary of Labor
                                             paragraph, the period beginning on the day                 (C) COBRA CONTINUATION PROVISION.—The               shall jointly submit a final report to each
                                             that is 45 days before the date of such expira-         term ‘‘COBRA continuation provision’’
                                                                                                                                                            Committee referred to in subparagraph (A)
                                             tion and ending on the day that is 15 days be-          means the provisions of law described in sub-
                                                                                                                                                            that includes—
                                             fore the date of such expiration.                       paragraph (B).
                                                                                                                                                              (i) the number of individuals provided pre-
                                               (D) MODEL NOTICES.—Not later than 30 days                (D) COVERED EMPLOYEE.—The term ‘‘cov-
                                                                                                                                                            mium assistance under this section;
                                             after the date of enactment of this Act, with           ered employee’’ has the meaning given such
                                                                                                                                                              (ii) the average dollar amount (monthly
                                             respect to any assistance eligible indi-                term in section 607(2) of the Employee Re-
                                                                                                                                                            and annually) of premium assistance pro-
                                             vidual—                                                 tirement Income Security Act of 1974.
                                                                                                                                                            vided to such individuals; and
                                               (i) the Secretary of Labor, in consultation              (E) QUALIFIED BENEFICIARY.—The term
                                                                                                                                                              (iii) the total amount of expenditures in-
                                             with the Secretary of the Treasury and the              ‘‘qualified beneficiary’’ has the meaning
                                                                                                                                                            curred (with administrative expenditures
                                             Secretary of Health and Human Services,                 given such term in section 607(3) of the Em-
                                             shall prescribe models for the notification             ployee Retirement Income Security Act of               noted separately) in connection with pre-
                                             required under this paragraph (other than               1974.                                                  mium assistance under this section.
                                             the notification described in clause (ii)); and            (F) GROUP HEALTH PLAN.—The term ‘‘group               (14) COBRA PREMIUM ASSISTANCE.—
                                               (ii) in the case of any notification provided         health plan’’ has the meaning given such                 (A) IN GENERAL.—Subchapter B of chapter
                                             pursuant to subparagraph (A) under section              term in section 607(1) of the Employee Re-             65 of the Internal Revenue Code of 1986 is
                                             8905a(f)(2)(A) of title 5, United States Code,          tirement Income Security Act of 1974.                  amended by adding at the end the following
                                             the Office of Personnel Management shall                   (G) STATE.—The term ‘‘State’’ includes the          new section:
                                                                                                                                                            ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM
                                             prescribe a model for such notification.                District of Columbia, the Commonwealth of
                                                                                                                                                                          ASSISTANCE.
                                               (10) REGULATIONS.—The Secretary of the                Puerto Rico, the Virgin Islands, Guam,
                                                                                                                                                               ‘‘(a) IN GENERAL.—The person to whom pre-
                                             Treasury and the Secretary of Labor may                 American Samoa, and the Commonwealth of
                                                                                                                                                            miums are payable for continuation cov-
                                             jointly prescribe such regulations or other             the Northern Mariana Islands.
                                                                                                                                                            erage under section 2(a)(1) of the Worker
                                             guidance as may be necessary or appropriate                (H) PERIOD OF COVERAGE.—Any reference in
                                                                                                                                                            Health Coverage Protection Act shall be al-
                                             to carry out the provisions of this sub-                this subsection to a period of coverage shall          lowed as a credit against the tax imposed by
                                             section, including the prevention of fraud              be treated as a reference to a monthly or              section 3111(a), or so much of the taxes im-
                                             and abuse under this subsection, except that            shorter period of coverage with respect to             posed under section 3221(a) as are attrib-
                                             the Secretary of Labor and the Secretary of             which premiums are charged with respect to             utable to the rate in effect under section
                                             Health and Human Services may prescribe                 such coverage.                                         3111(a), for each calendar quarter an amount
                                             such regulations (including interim final                  (I) PLAN SPONSOR.—The term ‘‘plan spon-             equal to the premiums not paid by assistance
                                             regulations) or other guidance as may be                sor’’ has the meaning given such term in sec-          eligible individuals for such coverage by rea-
                                             necessary or appropriate to carry out the               tion 3(16)(B) of the Employee Retirement In-           son of such section 2(a)(1) with respect to
                                             provisions of paragraphs (5), (7), (8), (9), and        come Security Act of 1974.                             such calendar quarter.
                                             (11).                                                      (J) FURLOUGH PERIOD.—                                 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
                                               (11) OUTREACH.—                                          (i) IN GENERAL.—The term ‘‘furlough pe-             ABLE.—For purposes of subsection (a), except
                                               (A) IN GENERAL.—The Secretary of Labor,               riod’’ means, with respect to an individual            as otherwise provided by the Secretary, the




dlhill on DSK120RN23PROD with SENATE
                                             in consultation with the Secretary of the               and an employer of such individual, a pe-              person to whom premiums are payable under
                                             Treasury and the Secretary of Health and                riod—                                                  such continuation coverage shall be treated
                                             Human Services, shall provide outreach con-                (I) beginning with the first month begin-           as being—
                                             sisting of public education and enrollment              ning on or after March 1, 2020 and before Jan-           ‘‘(1) in the case of any group health plan
                                             assistance relating to premium assistance               uary 31, 2021, during which such individual’s          which is a multiemployer plan (as defined in
                                             provided under this subsection. Such out-               employer reduces such individual’s work                section 3(37) of the Employee Retirement In-
                                             reach shall target employers, group health              hours (due to a lack of work, funds, or other          come Security Act of 1974), the plan,




                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00030   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.048   S24SEPT1
                                             September 24, 2020                                CONGRESSIONAL RECORD — SENATE                                                                     S5873
                                                ‘‘(2) in the case of any group health plan           person allowed a credit under this section               (E) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
                                             not described in paragraph (1)—                         shall be increased for the taxable year which          MENT THAT IS NOT REQUIRED UNDER THIS SEC-
                                                ‘‘(A) which provides furlough continuation           includes the last day of any calendar quarter          TION.—
                                             coverage described in section 2(a)(1)(A)(ii) of         with respect to which such credit is allowed             (i) IN GENERAL.—In the case of an assist-
                                             the Worker Health Coverage Protection Act               by the amount of such credit. No amount for            ance eligible individual who pays, with re-
                                             or subject to the COBRA continuation provi-             which a credit is allowed under this section           spect any period of coverage to which para-
                                             sions contained in—                                     shall be taken into account as qualified               graph (1)(A) applies, the amount of the pre-
                                                ‘‘(i) this title,                                    wages under section 2301 of the CARES Act              mium for such coverage that the individual
                                                ‘‘(ii) the Employee Retirement Income Se-            or as qualified health plan expenses under             would have (but for this Act) been required
                                             curity Act of 1974,                                     section 7001(d) or 7003(d) of the Families             to pay, the person to whom such payment is
                                                ‘‘(iii) the Public Health Service Act, or            First Coronavirus Response Act.                        payable shall reimburse such individual for
                                                ‘‘(iv) title 5, United States Code, or                 ‘‘(f) REPORTING.—Each person entitled to             the amount of such premium paid.
                                                ‘‘(B) under which some or all of the cov-            reimbursement under subsection (a) for any               (ii) CREDIT OF REIMBURSEMENT.—A person
                                             erage is not provided by insurance,                     period shall submit such reports (at such              to which clause (i) applies shall be allowed a
                                             the employer maintaining the plan, and                  time and in such manner) as the Secretary              credit in the manner provided under section
                                                ‘‘(3) in the case of any group health plan           may require, including—                                6432 of the Internal Revenue Code of 1986 for
                                             not described in paragraph (1) or (2), the in-            ‘‘(1) an attestation of involuntary termi-           any payment made to the employee under
                                             surer providing the coverage under the group            nation of employment, reduction of hours, or           such clause.
                                             health plan.                                            furloughing, for each assistance eligible indi-          (iii) PAYMENT OF CREDITS.—Any person to
                                                ‘‘(c) LIMITATIONS AND REFUNDABILITY.—                vidual on the basis of whose termination, re-          which clause (i) applies shall make the pay-
                                                ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-              duction of hours, or furloughing entitlement           ment required under such clause to the indi-
                                             MENT TAXES.—The credit allowed by sub-                  to reimbursement is claimed under sub-                 vidual not later than 60 days after the date
                                             section (a) with respect to any calendar                section (a),                                           on which such individual elects continuation
                                             quarter shall not exceed the tax imposed by               ‘‘(2) a report of the amount of payroll taxes        coverage under paragraph (1).
                                             section 3111(a), or so much of the taxes im-            offset under subsection (a) for the reporting            (15) PENALTY FOR FAILURE TO NOTIFY
                                             posed under section 3221(a) as are attrib-              period, and                                            HEALTH PLAN OF CESSATION OF ELIGIBILITY
                                             utable to the rate in effect under section                ‘‘(3) a report containing the TINs of all            FOR PREMIUM ASSISTANCE.—
                                             3111(a), for such calendar quarter (reduced by          covered employees, the amount of subsidy                 (A) IN GENERAL.—Part I of subchapter B of
                                             any credits allowed under subsections (e) and           reimbursed with respect to each employee,              chapter 68 of the Internal Revenue Code of
                                             (f) of section 3111, sections 7001 and 7003 of          and a designation with respect to each em-             1986 is amended by adding at the end the fol-
                                             the Families First Coronavirus Response                 ployee as to whether the subsidy reimburse-            lowing new section:
                                             Act, section 2301 of the CARES Act, and sec-            ment is for coverage of 1 individual or 2 or           ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
                                             tions 20204 and 20212 of the COVID–19 Tax Re-           more individuals.                                                   HEALTH PLAN OF CESSATION OF
                                             lief Act of 2020 for such quarter) on the wages           ‘‘(g) REGULATIONS.—The Secretary shall                            ELIGIBILITY FOR CONTINUATION
                                             paid with respect to the employment of all              issue such regulations or other guidance as                         COVERAGE PREMIUM ASSISTANCE.
                                             employees of the employer.                              may be necessary or appropriate to carry out              ‘‘(a) IN GENERAL.—Except in the case of
                                                ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—               this section, including—                               failure described in subsection (b) or (c), any
                                                ‘‘(A) CREDIT IS REFUNDABLE.—If the amount              ‘‘(1) the requirement to report information          person required to notify a group health plan
                                             of the credit under subsection (a) exceeds the          or the establishment of other methods for              under section 2(a)(2)(B) of the Worker Health
                                                                                                     verifying the correct amounts of reimburse-            Coverage Protection Act who fails to make
                                             limitation of paragraph (1) for any calendar
                                                                                                     ments under this section,                              such a notification at such time and in such
                                             quarter, such excess shall be treated as an
                                                                                                       ‘‘(2) the application of this section to group       manner as the Secretary of Labor may re-
                                             overpayment that shall be refunded under
                                                                                                     health plans that are multiemployer plans              quire shall pay a penalty of $250.
                                             sections 6402(a) and 6413(b).
                                                                                                     (as defined in section 3(37) of the Employee             ‘‘(b) INTENTIONAL FAILURE.—In the case of
                                                ‘‘(B) CREDIT MAY BE ADVANCED.—In antici-
                                                                                                     Retirement Income Security Act of 1974),               any such failure that is fraudulent, such per-
                                             pation of the credit, including the refundable
                                                                                                       ‘‘(3) to allow the advance payment of the            son shall pay a penalty equal to the greater
                                             portion under subparagraph (A), the credit
                                                                                                     credit determined under subsection (a), sub-           of—
                                             may be advanced, according to forms and in-
                                                                                                     ject to the limitations provided in this sec-            ‘‘(1) $250, or
                                             structions provided by the Secretary, up to
                                                                                                     tion, based on such information as the Sec-              ‘‘(2) 110 percent of the premium assistance
                                             an amount calculated under subsection (a)               retary shall require,                                  provided under section 2(a)(1)(A) of such Act
                                             through the end of the most recent payroll                ‘‘(4) to provide for the reconciliation of           after termination of eligibility under such
                                             period in the quarter.                                  such advance payment with the amount of                section.
                                                ‘‘(C) TREATMENT OF DEPOSITS.—The Sec-                the credit at the time of filing the return of           ‘‘(c) REASONABLE CAUSE EXCEPTION.—No
                                             retary shall waive any penalty under section            tax for the applicable quarter or taxable              penalty shall be imposed under this section
                                             6656 for any failure to make a deposit of the           year, and                                              with respect to any failure if it is shown that
                                             tax imposed by section 3111(a), or so much of             ‘‘(5) with respect to the application of the         such failure is due to reasonable cause and
                                             the taxes imposed under section 3221(a) as              credit to third party payors (including pro-           not to willful neglect.’’.
                                             are attributable to the rate in effect under            fessional employer organizations, certified              (B) CLERICAL AMENDMENT.—The table of
                                             section 3111(a), if the Secretary determines            professional employer organizations, or                sections of part I of subchapter B of chapter
                                             that such failure was due to the anticipation           agents under section 3504).’’.                         68 of such Code is amended by adding at the
                                             of the credit allowed under this section.                 (B) SOCIAL SECURITY TRUST FUNDS HELD                 end the following new item:
                                                ‘‘(D) TREATMENT OF PAYMENTS.—For pur-                HARMLESS.—There are hereby appropriated                ‘‘Sec. 6720C. Penalty for failure to notify
                                             poses of section 1324 of title 31, United States        to the Federal Old-Age and Survivors Insur-                            health plan of cessation of eli-
                                             Code, any amounts due to an employer under              ance Trust Fund and the Federal Disability                             gibility for continuation cov-
                                             this paragraph shall be treated in the same             Insurance Trust Fund established under sec-                            erage premium assistance.’’.
                                             manner as a refund due from a credit provi-             tion 201 of the Social Security Act (42 U.S.C.
                                             sion referred to in subsection (b)(2) of such                                                                    (16) COORDINATION WITH HCTC.—
                                                                                                     401) and the Social Security Equivalent Ben-             (A) IN GENERAL.—Section 35(g)(9) of the In-
                                             section.                                                efit Account established under section 15A(a)
                                                ‘‘(3) LIMITATION ON REIMBURSEMENT FOR                                                                       ternal Revenue Code of 1986 is amended to
                                                                                                     of the Railroad Retirement Act of 1974 (45             read as follows:
                                             FURLOUGHED EMPLOYEES.—In the case of an                 U.S.C. 231n–1(a)) amounts equal to the reduc-
                                             individual who for any month is an assist-                                                                       ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
                                                                                                     tion in revenues to the Treasury by reason of          SISTANCE.—In the case of an assistance eligi-
                                             ance eligible individual described in section           this section (without regard to this subpara-
                                             2(a)(3)(B) of the Worker Health Coverage                                                                       ble individual who receives premium assist-
                                                                                                     graph). Amounts appropriated by the pre-               ance for continuation coverage under section
                                             Protection Act with respect to any coverage,            ceding sentence shall be transferred from the
                                             the credit determined with respect to such                                                                     2(a)(1) of the Worker Health Coverage Pro-
                                                                                                     general fund at such times and in such man-            tection Act for any month during the tax-
                                             individual under subsection (a) for any such            ner as to replicate to the extent possible the
                                             month ending during a calendar quarter                                                                         able year, such individual shall not be treat-
                                                                                                     transfers which would have occurred to such            ed as an eligible individual, a certified indi-
                                             shall not exceed the amount of premium the              Trust Fund or Account had this section not
                                             individual would have paid for a full month                                                                    vidual, or a qualifying family member for
                                                                                                     been enacted.                                          purposes of this section or section 7527 with
                                             of such coverage for the month preceding the              (C) CLERICAL AMENDMENT.—The table of
                                             first month for which an individual is such                                                                    respect to such month.’’.
                                                                                                     sections for subchapter B of chapter 65 of the           (B) EFFECTIVE DATE.—The amendment
                                             an assistance eligible individual.                      Internal Revenue Code of 1986 is amended by




dlhill on DSK120RN23PROD with SENATE
                                                ‘‘(d) GOVERNMENTAL ENTITIES.—For pur-                                                                       made by subparagraph (A) shall apply to tax-
                                                                                                     adding at the end the following new item:              able years ending after the date of the enact-
                                             poses of this section, the term ‘person’ in-
                                             cludes any governmental entity or Indian                ‘‘Sec. 6432. Continuation coverage premium             ment of this Act.
                                             tribal government (as defined in section                               assistance.’’.                            (17) EXCLUSION OF CONTINUATION COVERAGE
                                             139E(c)(1)).                                              (D) EFFECTIVE DATE.—The amendments                   PREMIUM ASSISTANCE FROM GROSS INCOME.—
                                                ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-             made by this paragraph shall apply to pre-               (A) IN GENERAL.—Part III of subchapter B
                                             poses of chapter 1, the gross income of any             miums to which paragraph (1)(A) applies.               of chapter 1 of the Internal Revenue Code of




                                       VerDate Sep 11 2014   04:56 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00031   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.048   S24SEPT1
                                             S5874                                             CONGRESSIONAL RECORD — SENATE                                                  September 24, 2020
                                             1986 is amended by inserting after section              who can’t legally own them has sky-                      The numbers alone are staggering.
                                             139H the following new section:                         rocketed.’’                                            But when you hear and read the per-
                                             ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM                 For example, in February, the back-                 sonal stories of individuals and fami-
                                                           ASSISTANCE.
                                                                                                     ground check system blocked 9,700                      lies who are suffering, it is truly trag-
                                               ‘‘In the case of an assistance eligible indi-
                                             vidual (as defined in subsection (a)(3) of sec-         sales.                                                 ic. It makes you mournful that for
                                             tion 2 of the Worker Health Coverage Protec-               In March, the system blocked 23,692                 many of the individuals who died, they
                                             tion Act), gross income does not include any            gun sales—more than double the pre-                    died alone in the absence of their loved
                                             premium assistance provided under sub-                  vious month and the previous March.                    ones.
                                             section (a)(1) of such section.’’.                         The bill I’m introducing today ad-                    While many things contributed to
                                               (B) CLERICAL AMENDMENT.—The table of                  dresses this problem by making it ille-                this massive loss of life, I am here to
                                             sections for part III of subchapter B of chap-                                                                 talk about one in particular: the insid-
                                                                                                     gal for gun sellers to circumvent
                                             ter 1 of such Code is amended by inserting                                                                     ious spread of coronavirus-related mis-
                                             after the item relating to section 139H the             websites’ terms of service as yet an-
                                                                                                     other way to avoid a background                        information and disinformation online.
                                             following new item:
                                                                                                     check.                                                 This ‘‘infodemic’’ has undercut the ef-
                                             ‘‘Sec. 139I. Continuation coverage premium
                                                                                                        It would make it a Federal crime to                 forts of public health officials at every
                                                            assistance.’’.
                                                                                                     sell guns on websites like Facebook                    turn, and threatens to prolong the
                                               (C) EFFECTIVE DATE.—The amendments
                                                                                                     ‘‘by means of false or fraudulent pre-                 virus’s impact on the health of our peo-
                                             made by this paragraph shall apply to tax-
                                             able years ending after the date of the enact-          tenses, representations of promises.’’                 ple and economy long after a safe and
                                             ment of this Act.                                       Doing so would be a felony with a max-                 effective vaccine is available.
                                               (18) DEADLINES WITH RESPECT TO NOTICES.—                                                                       The online spread of misinformation
                                                                                                     imum of five years in prison and a
                                             Notwithstanding section 518 of the Employee                                                                    about public health is nothing new.
                                                                                                     $250,000 fine.
                                             Retirement Income Security Act of 1974 (29                                                                     Claims that the 2014 Ebola epidemic
                                                                                                        I also want to thank Senator MENEN-
                                             U.S.C. 1148) and section 7508A of the Internal                                                                 was a form of population control
                                                                                                     DEZ for joining with me to introduce
                                             Revenue Code of 1986, the Secretary of Labor                                                                   spread across social media. Anti-vac-
                                             and the Secretary of the Treasury, respec-              this legislation.
                                                                                                                                                            cination groups have long used Face
                                             tively, may not waive or extend any deadline               His efforts to keep technology com-
                                                                                                                                                            book and YouTube to share junk
                                             with respect to the provision of notices de-            panies accountable for the prolifera-
                                                                                                                                                            science and recruit new members.
                                             scribed in paragraphs (7), (8), and (9).                tion of firearms on their platforms has                  However, social media platforms’ re-
                                               (b) RULE OF CONSTRUCTION.—In all matters              been vital in addressing the problem.
                                             of interpretation, rules, and operational pro-                                                                 sponse to coronavirus was supposed to
                                                                                                        Our bill today is part of a larger ef-              be different. Early in the pandemic, the
                                             cedures, the language of this section shall be
                                             interpreted broadly for the benefit of work-
                                                                                                     fort that needs to be taken to stop the                major social media platforms an-
                                             ers and their families.                                 plague of gun violence hurting this                    nounced new measures to combat mis-
                                                                                                     country.                                               information while making sure users
                                                    By Mrs. FEINSTEIN (for herself                      But I hope others will join us in this              had access to accurate, authoritative
                                                      and Mr. MENENDEZ):                             commonsense effort.                                    information about the virus. Facebook
                                               S. 4718. A bill to amend title 18,                       Thank you, Mr. President. I yield the               added a COVID–19 Information Center
                                             United States Code, to make fraudu-                     floor.                                                 to the tops of users’ News Feeds and
                                             lent dealings in firearms and ammuni-
                                                                                                           By Ms. HIRONO (for herself, Mr.                  announced it would remove misin-
                                             tion unlawful, and for other purposes;
                                                                                                             BOOKER, Mr. BLUMENTHAL, Ms.                    formation that could contribute to im-
                                             to the Committee on the Judiciary.
                                                                                                                                                            minent physical harm. Twitter verified
                                               Mrs. FEINSTEIN. Mr. President, I                              KLOBUCHAR, Ms. WARREN, and
                                                                                                                                                            accounts that provided credible up-
                                             rise today to introduce legislation to                          Mr. REED):
                                                                                                                                                            dates on the pandemic and committed
                                             stop the fraudulent sales of guns on-                     S. 4732. A bill to conduct a study on
                                                                                                                                                            to removing false or misleading con-
                                             line. While some technology companies                   the    spread     of    COVID–19-related
                                                                                                                                                            tent that contradicted information
                                             have banned selling of firearms and                     disinformation and misinformation on
                                                                                                                                                            from health authorities. YouTube
                                             ammunition on their websites, the                       the internet and social media plat-
                                                                                                                                                            began directing users who searched for
                                             problem persists.                                       forms, and for other purposes; to the
                                               For example, Facebook banned sell-                                                                           COVID-related information to the WHO
                                                                                                     Committee on Health, Education,
                                             ing firearms. Nonetheless, between last                                                                        or other health authorities and banned
                                                                                                     Labor, and Pensions.
                                             April and June, it reportedly still had                                                                        false information contradicting health
                                                                                                       Ms. HIRONO. Mr. President, I rise
                                             to remove 1.3 million pieces of content                                                                        authorities on treatment, prevention,
                                                                                                     today to introduce the COVID–19
                                             from      its  website   that    violated                                                                      diagnosis, or transmission of COVID–
                                                                                                     Disinformation Research and Report-                    19.
                                             Facebook’s terms of service related to                  ing Act. I thank Representative JEN-                     Unfortunately,      these     measures
                                             gun sales.                                              NIFER WEXTON for working with me on
                                               In order to circumvent the terms of                                                                          proved lacking and insufficient. The
                                                                                                     this important piece of legislation,                   conspiracy film Plandemic was viewed
                                             service, sellers are using new tactics,                 which will help shine a light on the
                                             like misrepresenting guns as ‘‘stick-                                                                          more than 8 million times across social
                                                                                                     ways social media and other online                     media platforms, and the sequel was
                                             ers,’’ to get around these restrictions.                platforms amplify and spread misin-
                                               An August 24, Wall Street Journal ar-                                                                        viewed over 100,000 times on YouTube
                                                                                                     formation and disinformation about                     during its first week alone. A study by
                                             ticle explored how gun sellers are spe-                 the coronavirus pandemic to the det-
                                             cifically using this new tactic on                                                                             advocacy group Avaaz found that mis-
                                                                                                     riment of public health.                               information about vaccines and other
                                             Facebook’s Marketplace.                                   Representative WEXTON was able to
                                               According to the article, sellers are                                                                        health topics had been viewed an esti-
                                                                                                     get the substance of this bill included                mated 3.8 billion times on Facebook in
                                             using ‘‘a new tactic [that] involves
                                                                                                     in the HEROES Act, a bill passed four                  the past year—four times more than
                                             posts purporting to sell stickers, along-
                                                                                                     months ago by the House of Represent-                  factual, authoritative content from in-
                                             side images of gun makers’ logos.’’
                                               However, when contacted, these sell-                  atives to provide much needed relief to                stitutions like the WHO and CDC. The
                                             ers admitted that they’re actually sell-                those suffering from the coronavirus                   study also found that only 16% of pre-
                                             ing guns.                                               pandemic and accompanying economic                     viously fact-checked health misin-
                                               Even more troubling, the article said                 downturn. Because the Senate failed in                 formation on Facebook carried a warn-
                                             the recent ‘‘boom’’ in Americans buy-                   its duty to pass the HEROES Act, I am                  ing label.
                                             ing guns ‘‘has been attributed to the                   introducing          the      COVID–19                   Spend even a small amount of time
                                             new coronavirus pandemic, civil unrest                  Disinformation Research and Report-                    on the internet or social media and you
                                             related to the killing of George Floyd                  ing Act with my colleagues—Senators                    will find rampant misinformation and




dlhill on DSK120RN23PROD with SENATE
                                             and efforts in some cities to defund the                BOOKER,     BLUMENTHAL,     KLOBUCHAR,                 conspiracy theories about COVID–19.
                                             police.’’                                               WARREN, and REED.                                      Some examples of these falsehoods in-
                                               As a result, there has been a recent                    As I stand here today nearly 7 mil-                  clude: Bill Gates created the virus to
                                             spike in failed background checks.                      lion Americans have been diagnosed                     use a vaccine as cover to implant
                                               Politico reported in July that: ‘‘The                 with COVID–19 and over 200,000 have                    microchips into Americans. No, actu-
                                             number of people trying to buy guns                     died from the virus.                                   ally, Dr. Fauci created the coronavirus



                                       VerDate Sep 11 2014   06:17 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00032   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.048   S24SEPT1
                                             September 24, 2020                                CONGRESSIONAL RECORD — SENATE                                                                     S5875
                                             to seize political power. You shouldn’t                 Mr. MORAN, Mr. LANKFORD, Mr. CAS-                      SINEMA, Mr. MANCHIN, Mr. KING, Mr.
                                             wear a mask to protect against the                      SIDY, Mr. YOUNG, Mr. RUBIO, Mr.                        BLUMENTHAL, Mr. VAN HOLLEN, Mr.
                                             coronavirus, because wearing a mask                     CRAMER, Mrs. CAPITO, Mrs. BLACKBURN,                   CRAMER, Mr. WYDEN, Mr. CARDIN, Mr.
                                             actually weakens your immune sys-                       Mrs. LOEFFLER, Mr. BOOZMAN, Mr.                        COONS, Mr. LANKFORD, Mr. TILLIS, Mr.
                                             tem. And do not worry if you catch the                  RISCH, Mr. SCOTT of South Carolina,                    ROBERTS, Ms. COLLINS, and Mrs. CAP-
                                             corona virus—you can treat it by                        Mr. ROUNDS, Mr. GRASSLEY, Mr.                          ITO) submitted the following resolu-
                                             drinking bleach.                                        HOEVEN, Ms. ERNST, Mr. PERDUE, Mr.                     tion; which was referred to the Com-
                                               These claims might seem ridiculous,                   BARRASSO, Mr. INHOFE, Mrs. FISCHER,                    mittee on the Judiciary:
                                             but they have real word consequences.                   Mr. CORNYN, and Mr. COTTON) sub-                                          S. RES. 716
                                             A study published in the American                       mitted the following resolution; which                    Whereas malnutrition is the condition that
                                             Journal of Tropical Medicine and Hy-                    was considered and agreed to:                          occurs when a person does not get enough
                                             giene found that 5,800 people had been                                     S. RES. 715                         protein, calories, or nutrients;
                                             hospitalized and at least 800 people died                  Whereas the United States was founded on               Whereas the 2020 Coronavirus Disease 2019
                                             in the first three months of this year                  principles of religious freedom by the Found-          (COVID–19) pandemic (referred to in this pre-
                                             alone as a direct result of coronavirus-                ers, many of whom were deeply religious;               amble as the ‘‘2020 coronavirus pandemic’’)—
                                             related misinformation. As recently as                                                                            (1) has resulted in a significant increase in
                                                                                                        Whereas the First Amendment to the Con-
                                                                                                                                                            food insecurity, which is linked to malnutri-
                                             August, the Georgia Department of                       stitution of the United States embodies prin-
                                                                                                                                                            tion; and
                                             Health and the Texas Poison Control                     ciples intended to guarantee freedom of reli-             (2) has nearly doubled food insufficiency
                                             Center had to warn people not to drink                  gion both through the free exercise thereof            rates since 2019;
                                             bleach to treat COVID. While more                       and by prohibiting the Government from es-                Whereas the 2020 coronavirus pandemic has
                                             Americans regularly wear masks in                       tablishing a religion;                                 had a disproportionate impact on children,
                                                                                                        Whereas the Pledge of Allegiance was writ-
                                             public, a recent poll found that 15%                    ten by Francis Bellamy, a Baptist Minister,
                                                                                                                                                            as 13,900,000 children live in a household
                                             still do not. And, perhaps must trou-                                                                          characterized by child food insufficiency,
                                                                                                     and first published in the September 8, 1892,          and the rate of households with food insuffi-
                                             bling, polls suggest that between 35%                   issue of the Youth’s Companion;
                                             and 50% of the U.S. population will not                                                                        cient children in 2020 was more than 5 times
                                                                                                        Whereas, in 1954, Congress added the words          the rate of households with food insufficient
                                             get a COVID vaccine when it is ap-                      ‘‘under God’’ to the Pledge of Allegiance;             children in 2019;
                                             proved.                                                    Whereas, for over 60 years, the Pledge of              Whereas the impact of the 2020 coronavirus
                                               If we hope to get past the                            Allegiance has included references to the              pandemic on the chronically ill has forced
                                             coronavirus and avoid similar public                    United States flag, to the country having              the examination of chronic disease preven-
                                             health crises in the future, we must un-                been established as a union ‘‘under God’’,             tion, especially through nutrient consump-
                                             derstand where misinformation origi-                    and to the country being dedicated to secur-           tion and absorption, which is examined in
                                                                                                     ing ‘‘liberty and justice for all’’;                   the 2020–2030 Strategic Plan for NIH Nutri-
                                             nates, how it spreads, and strategies to                   Whereas, in 1954, Congress believed it was
                                             stop it.                                                                                                       tion Research published by the National In-
                                                                                                     acting constitutionally when it revised the            stitutes of Health;
                                               This is exactly what the COVID–19                     Pledge of Allegiance;
                                             Disinformation Research and Report-                                                                               Whereas malnutrition is a significant prob-
                                                                                                        Whereas the Senate of the 116th Congress            lem in the United States and around the
                                             ing Act will do. It directs the National                believes that the Pledge of Allegiance is a            world, crossing all age, racial, class, gender,
                                             Science Foundation to partner with                      constitutional expression of patriotism;               and geographic lines;
                                             the National Academies of Sciences,                        Whereas patriotic songs, engravings on                 Whereas infants, older adults, people with
                                             Engineering, and Medicine to conduct a                  United States legal tender, and engravings             chronic diseases, and other vulnerable popu-
                                             study on the spread of COVID–19-re-                     on Federal buildings also contain general              lations are particularly at risk for malnutri-
                                                                                                     references to ‘‘God’’;
                                             lated disinformation and misinforma-                                                                           tion;
                                                                                                        Whereas the Supreme Court overturned                   Whereas the American Academy of Pediat-
                                             tion on the internet and social media                   Newdow v. United States Congress, 328 F.3d
                                             platforms. This study will provide crit-                                                                       rics has found that failure to provide key nu-
                                                                                                     466 (9th Cir. 2003), a case in which the United        trients during early childhood may result in
                                             ical    information     on   the    roles               States Court of Appeals for the Ninth Circuit          lifelong deficits in brain function;
                                             disinformation and misinformation                       held that the recitation of the Pledge of Al-             Whereas disease-associated malnutrition
                                             have played in the public response to                   legiance by a student’s public school teacher          affects between 30 and 50 percent of patients
                                             COVID–19; the sources of COVID–19–re-                   violated the Establishment Clause of the               admitted to hospitals, and the medical costs
                                             lated disinformation and misinforma-                    First Amendment to the Constitution of the             of hospitalized patients with malnutrition
                                             tion and the ways it has influenced the                 United States; and                                     can be 300 percent more than the medical
                                                                                                        Whereas the United States Court of Ap-              costs of properly nourished patients;
                                             public debate; the role social media                    peals for the Ninth Circuit later concluded
                                             plays in the disseminating and pro-                                                                               Whereas, according to the National Blue-
                                                                                                     that its previous opinion in Newdow was no             print: Achieving Quality Malnutrition Care
                                             moting this disinformation and misin-                   longer binding precedent, that case law from           for Older Adults, 2020 Update, as many as 1⁄2
                                             formation; and potential strategies for                 the Supreme Court of the United States con-            of older adults living in the community are
                                             combatting       misinformation      and                cerning the Establishment Clause of the                malnourished or at risk for malnutrition;
                                             disinformation in the future.                           First Amendment to the Constitution of the                Whereas disease-associated malnutrition
                                               This information will not stop the                    United States had subsequently changed, and            in older adults alone costs the United States
                                             next pandemic from coming. And, it                      that Congress, when passing the new version            more than $51,300,000,000 each year; and
                                                                                                     of the Pledge of Allegiance, established a
                                             will not force the next Administration                                                                            Whereas the American Society for Paren-
                                                                                                     secular purpose for the use of the terms               teral and Enteral Nutrition established Mal-
                                             to take it seriously and follow the ad-                 ‘‘under God’’ and, thus, the United States
                                             vice of doctors and scientists. But it                                                                         nutrition Awareness Week to raise aware-
                                                                                                     Court of Appeals for the Ninth Circuit                 ness and promote prevention of malnutrition
                                             can give us the knowledge and tools                     upheld the recitation of the Pledge of Alle-           across the lifespan: Now, therefore, be it
                                             necessary to avoid another infodemic                    giance by public school teachers: Now, there-             Resolved, That the Senate—
                                             and ensure the American public re-                      fore, be it                                               (1) designates the week of October 5
                                             ceives accurate and authoritative in-                      Resolved, That—                                     through October 9, 2020, as ‘‘Malnutrition
                                             formation when it is most needed.                          (1) the Pledge of Allegiance has been a val-        Awareness Week’’;
                                               I therefore encourage my colleagues                   uable part of life for the people of the United           (2) recognizes registered dietitian nutri-
                                                                                                     States for generations; and                            tionists and other nutrition professionals,
                                             to       support      the      COVID–19
                                                                                                        (2) the Senate strongly defends the con-            health care providers, social workers, advo-
                                             Disinformation Research and Report-                     stitutionality of the Pledge of Allegiance.
                                             ing Act.                                                                                                       cates, caregivers, and other professionals and
                                                                                                                       f                                    agencies for their efforts to advance aware-
                                                              f                                                                                             ness, treatment, and prevention of malnutri-
                                                   SUBMITTED RESOLUTIONS                             SENATE RESOLUTION 716—DESIG-                           tion;
                                                                                                       NATING THE WEEK OF OCTOBER                              (3)(A) recognizes the importance of exist-




dlhill on DSK120RN23PROD with SENATE
                                                                   ---                                 5 THROUGH OCTOBER 9, 2020, AS                        ing Federal nutrition programs for their role
                                             SENATE     RESOLUTION        715—EX-                      ‘‘MALNUTRITION      AWARENESS                        in combating malnutrition; and
                                              PRESSING SUPPORT FOR THE                                 WEEK’’                                                  (B) supports emergency funding for those
                                                                                                                                                            critical Federal nutrition programs for the
                                              PLEDGE OF ALLEGIANCE                                     Mr. MURPHY (for himself, Mr.                         duration of the Coronavirus Disease 2019
                                              Mr. BRAUN (for himself, Mr. TILLIS,                    GRASSLEY, Mrs. FEINSTEIN, Ms. HAS-                     (COVID–19) pandemic;
                                             Mrs. HYDE-SMITH, Mr. SCOTT of Florida,                  SAN, Mr. BOOKER, Ms. SMITH, Ms.                           (4) recognizes—




                                       VerDate Sep 11 2014   06:17 Sep 25, 2020   Jkt 099060   PO 00000   Frm 00033   Fmt 4624   Sfmt 0634   E:\CR\FM\A24SE6.047   S24SEPT1


File and source

File
CREC_crec-2020-09-24_crec-2020-09-24-pt1-pgs5867.pdf
Size
364,427 bytes
SHA-256
b77e1c3479b9bc9be50a68bfcddec79fd31a032ef4db0d7052602effe5e0108d
Our copy
CREC_crec-2020-09-24_crec-2020-09-24-pt1-pgs5867.pdf
Original
www.govinfo.gov
Back to top