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
- Original
- www.govinfo.gov