Congressional Record, Senate, September 30, 2020 — S. 4775 and Appropriations Text
Summary
Page S5952 of the Senate section of the Congressional Record for September 30, 2020, in interleaved columns, with cosponsor entries and the table of contents of a relief bill. Cosponsors are added to S. 4661, a bill to authorize the posthumous award of the Medal of Honor to Alwyn C. Cashe, to S. Res. 724 on politically motivated imprisonment of women, and to amendment No. 2660. The table of contents lists Title II, Coronavirus Liability Relief, with liability limitations for businesses and health care providers. Other text covers agricultural producers affected by coronavirus and emergency designations, and a speaker notes the United States leads in COVID-19 cases and deaths.
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“Congressional Record, Senate, September 30, 2020 — S. 4775 and Appropriations Text.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-29-crec-2020-09-29-pt2-pgs5952-3-675a4a4381/
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S5952 CONGRESSIONAL RECORD — SENATE September 30, 2020
automated calls and to require notice setts (Mr. MARKEY) was added as a co- TITLE II—CORONAVIRUS LIABILITY
of the availability of contact lens pre- sponsor of S. Res. 724, a resolution ex- RELIEF
scriptions to patients, and for other pressing the sense of the Senate re- Sec. 2001. Short title.
purposes. garding the practice of politically mo- Sec. 2002. Findings and purposes.
S. 4661 tivated imprisonment of women around Sec. 2003. Definitions.
At the request of Mr. COTTON, the the world and calling on governments Subtitle A—Liability Relief
names of the Senator from Pennsyl- for the immediate release of women PART I—LIABILITY LIMITATIONS FOR INDIVID-
vania (Mr. TOOMEY) and the Senator who are political prisoners. UALS AND ENTITIES ENGAGED IN BUSINESSES,
from Arkansas (Mr. BOOZMAN) were SERVICES, ACTIVITIES, OR ACCOMMODATIONS
AMENDMENT NO. 2660
added as cosponsors of S. 4661, a bill to Sec. 2121. Application of part.
At the request of Mr. PORTMAN, the
authorize the President to post- Sec. 2122. Liability; safe harbor.
name of the Senator from Alaska (Ms.
humously award the Medal of Honor to PART II—LIABILITY LIMITATIONS FOR HEALTH
MURKOWSKI) was added as a cosponsor
Alwyn C. Cashe for acts of valor during CARE PROVIDERS
of amendment No. 2660 intended to be
Operation Iraqi Freedom. Sec. 2141. Application of part.
proposed to H.R. 8337, a bill making Sec. 2142. Liability for health care profes-
S. 4676 continuing appropriations for fiscal sionals and health care facili-
At the request of Mr. COONS, the year 2021, and for other purposes. ties during coronavirus public
names of the Senator from Montana
f health emergency.
(Mr. DAINES) and the Senator from Vir-
STATEMENTS ON INTRODUCED PART III—SUBSTANTIVE AND PROCEDURAL
ginia (Mr. WARNER) were added as co- PROVISIONS FOR CORONAVIRUS-RELATED AC-
sponsors of S. 4676, a bill to improve BILLS AND JOINT RESOLUTIONS TIONS GENERALLY
the debt relief program under the By Mr. BURR (for himself, Mr. Sec. 2161. Jurisdiction.
CARES Act, and for other purposes. TILLIS, Ms. KLOBUCHAR, and Mr. Sec. 2162. Limitations on suits.
S. 4684 WARNER): Sec. 2163. Procedures for suit in district
At the request of Mr. ENZI, the name S. 4762. A bill to designate the airport courts of the united states.
of the Senator from Delaware (Mr. traffic control tower located at Pied- Sec. 2164. Demand letters; cause of action.
CARPER) was added as a cosponsor of S. mont Triad International Airport in PART IV—RELATION TO LABOR AND
4684, a bill to designate the facility of Greensboro, North Carolina, as the EMPLOYMENT LAWS
the United States Postal Service lo- ‘‘Senator Kay Hagan Airport Traffic Sec. 2181. Limitation on violations under
cated at 440 Arapahoe Street in Control Tower’’; considered and passed. specific laws.
Thermopolis, Wyoming, as the ‘‘Robert Sec. 2182. Liability for conducting testing at
S. 4762
L. Brown Post Office’’. workplace.
Be it enacted by the Senate and House of Sec. 2183. Joint employment and inde-
S. 4710 Representatives of the United States of America pendent contracting.
At the request of Ms. KLOBUCHAR, the in Congress assembled, Sec. 2184. Exclusion of certain notification
names of the Senator from Rhode Is- SECTION 1. DESIGNATION. requirements as a result of the
land (Mr. WHITEHOUSE) and the Senator The airport traffic control tower located at COVID–19 public health emer-
from Connecticut (Mr. MURPHY) were Piedmont Triad International Airport in gency.
added as cosponsors of S. 4710, a bill to Greensboro, North Carolina, and any suc- Subtitle B—Products
obtain and direct the placement in the cessor airport traffic control tower at that
location, shall be known and designated as Sec. 2201. Applicability of the targeted li-
Capitol or on the Capitol Grounds of a ability protections for pan-
the ‘‘Senator Kay Hagan Airport Traffic
monument to honor Associate Justice Control Tower’’. demic and epidemic products
of the Supreme Court of the United SEC. 2. REFERENCES.
and security countermeasures
States Ruth Bader Ginsburg. with respect to covid–19.
Any reference in a law, map, regulation,
S. 4715 document, paper, or other record of the Subtitle C—General Provisions
At the request of Mr. ROUNDS, the United States to the airport traffic control Sec. 2301. Severability.
names of the Senator from Louisiana tower referred to in section 1 shall be deemed TITLE III—ASSISTANCE FOR AMERICAN
(Mr. CASSIDY) and the Senator from to be a reference to the ‘‘Senator Kay Hagan FAMILIES
North Dakota (Mr. CRAMER) were added Airport Traffic Control Tower’’. Sec. 3001. Short title.
as cosponsors of S. 4715, a bill to grant Sec. 3002. Extension of the Federal Pan-
Federal charter to the National Amer- By Mr. MCCONNELL: demic Unemployment Com-
S. 4775. A bill to provide continued pensation program.
ican Indian Veterans, Incorporated.
emergency assistance, educational sup- TITLE IV—SMALL BUSINESS PROGRAMS
S. RES. 689
port, and health care response for indi-
At the request of Mr. RISCH, the Sec. 4001. Small business recovery.
viduals, families, and businesses af-
names of the Senator from Vermont TITLE V—POSTAL SERVICE ASSISTANCE
fected by the 2020 coronavirus pan-
(Mr. LEAHY), the Senator from Mary- Sec. 5001. COVID–19 funding for the United
demic; read the first time.
land (Mr. VAN HOLLEN) and the Senator States Postal Service.
S. 4775
from California (Mrs. FEINSTEIN) were TITLE VI—EDUCATIONAL SUPPORT AND
added as cosponsors of S. Res. 689, a Be it enacted by the Senate and House of Rep-
CHILD CARE
resentatives of the United States of America in
resolution condemning the crackdown Subtitle A—Emergency Education Freedom
Congress assembled,
on peaceful protestors in Belarus and SECTION 1. SHORT TITLE. Grants; Tax Credits for Contributions to
calling for the imposition of sanctions This Act may be cited as the ‘‘Delivering Eligible Scholarship-granting Organiza-
on responsible officials. Immediate Relief to America’s Families, tions
S. RES. 709 Schools and Small Businesses Act’’. Sec. 6001. Emergency education freedom
At the request of Mr. GRAHAM, the SEC. 2. TABLE OF CONTENTS. grants.
names of the Senator from Oregon (Mr. The table of contents for this Act is as fol- Sec. 6002. Tax credits for contributions to el-
MERKLEY) and the Senator from Texas lows: igible scholarship-granting or-
ganizations.
(Mr. CORNYN) were added as cosponsors Sec. 1. Short title. Sec. 6003. Education Freedom Scholarships
of S. Res. 709, a resolution expressing Sec. 2. Table of contents.
web portal and administration.
the sense of the Senate that the August Sec. 3. References.
Sec. 6004. 529 account funding for
13, 2020, and September 11, 2020, an- DIVISION A—LIABILITY PROTECTIONS, homeschool and additional ele-
nouncements of the establishment of CONTINUED RELIEF FOR SMALL BUSI- mentary and secondary ex-
full diplomatic relations between the NESSES AND WORKERS, PUBLIC penses.
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HEALTH ENHANCEMENTS, AND EDU-
State of Israel and the United Arab CATIONAL SUPPORT
Subtitle B—Back to Work Child Care Grants
Emirates and the State of Israel and Sec. 6101. Back to Work Child Care grants.
TITLE I—SUNSETS AND OFFSETS
the Kingdom of Bahrain are historic TITLE VII—PANDEMIC PREPARATION
Sec. 1001. Emergency relief and taxpayer
achievements. AND STRATEGIC STOCKPILE
protections.
S. RES. 724 Sec. 1002. Direct appropriation. Sec. 7001. Sustained on-shore manufacturing
At the request of Mr. MENENDEZ, the Sec. 1003. Termination of authority. capacity for public health
name of the Senator from Massachu- Sec. 1004. Rescissions. emergencies.
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5953
Sec. 7002. Improving and sustaining State Act (12 U.S.C. 343(3)) in which the Secretary (6) This halt led to the loss of millions of
medical stockpiles. made a loan, loan guarantee, or other invest- jobs. These lost jobs were not a natural con-
Sec. 7003. Strengthening the Strategic Na- ment using funds appropriated under section sequence of the economic environment, but
tional Stockpile. 4027, but may modify or restructure a loan, rather the result of a drastic, though tem-
TITLE VIII—CORONAVIRUS RELIEF FUND obligation, asset, security, or other interest, porary, response to the unprecedented na-
EXTENSION or extension of credit made or purchased ture of this global pandemic.
through any such program or facility pro- (7) Congress passed a series of statutes to
Sec. 8001. Extension of period to use
vided that— address the health care and economic cri-
Coronavirus Relief Fund pay-
‘‘(A) the loan, obligation, asset, security, ses—the Coronavirus Preparedness and Re-
ments.
or other interest, or extension of credit is for sponse Supplemental Appropriations Act,
TITLE IX—CHARITABLE GIVING an eligible business, including an eligible 2020 (Public Law 116–123; 134 Stat. 146), the
Sec. 9001. Increase in limitation on partial nonprofit organization; and Families First Coronavirus Response Act
above the line deduction for ‘‘(B) the modification or restructuring re- (Public Law 116–127; 134 Stat. 178), the
charitable contributions. lates to a single and specific eligible busi- Coronavirus Aid, Relief, and Economic Secu-
TITLE X—CRITICAL MINERALS ness, including an eligible nonprofit organi- rity Act or the CARES Act (Public Law 116–
zation; and 136), and the Paycheck Protection Program
Sec. 10001. Mineral security.
‘‘(C) the modification or restructuring is and Health Care Enhancement Act (Public
Sec. 10002. Rare earth element advanced coal
necessary to minimize costs to taxpayers Law 116–139; 134 Stat. 620). In these laws Con-
technologies.
that could arise from a default on the loan,
TITLE XI—MISCELLANEOUS PROVISIONS gress exercised its power under the Com-
obligation, asset, security, or other interest,
merce and Spending Clauses of the Constitu-
Sec. 11001. Emergency designation. or extension of credit.’’.
tion of the United States to direct trillions
DIVISION B—CORONAVIRUS RESPONSE SEC. 1004. RESCISSIONS.
of taxpayer dollars toward efforts to aid
ADDITIONAL SUPPLEMENTAL APPRO- (a) PPP AND SUBSIDY FOR CERTAIN LOAN
workers, businesses, State and local govern-
PRIATIONS ACT, 2020 PAYMENTS.—Of the unobligated balances in
ments, health care workers, and patients.
SEC. 3. REFERENCES.
the appropriations account under the head-
(8) This legislation provided short-term in-
ing ‘‘Small Business Administration—Busi-
Except as expressly provided otherwise, sulation from the worst of the economic
ness Loans Program Account, CARES Act’’
any reference to ‘‘this Act’’ contained in any as of the day before the date of enactment of storm, but these laws alone cannot protect
division of this Act shall be treated as refer- this Act, effective on the date of enactment the United States from further devastation.
ring only to the provisions of that division. of this Act $146,000,000,000 shall be rescinded Only reopening the economy so that workers
DIVISION A—LIABILITY PROTECTIONS, and deposited into the general fund of the can get back to work and students can get
CONTINUED RELIEF FOR SMALL BUSI- Treasury. back to school can accomplish that goal.
NESSES AND WORKERS, PUBLIC (b) EXCHANGE STABILIZATION FUND.—Sec- (9) The Constitution of the United States
HEALTH ENHANCEMENTS, AND EDU- tion 4003 of the CARES Act (15 U.S.C. 9042) is specifically enumerates the legislative pow-
CATIONAL SUPPORT amended— ers of Congress. One of those powers is the
(1) in subsection (a), by striking regulation of interstate commerce. The Gov-
TITLE I—SUNSETS AND OFFSETS
‘‘$500,000,000,000’’ and inserting ernment is not a substitute for the economy,
SEC. 1001. EMERGENCY RELIEF AND TAXPAYER but it has the authority and the duty to act
PROTECTIONS.
‘‘$296,000,000,000’’; and
(2) in subsection (b)(4), in the matter pre- when interstate commerce is threatened and
Section 4003 of the CARES Act (15 U.S.C. damaged. As applied to the present crisis,
ceding subparagraph (A), by striking
9061) is amended in subsection (e) by striking Congress can deploy its power over inter-
‘‘$454,000,000,000’’ and inserting
‘‘Amounts’’ and inserting ‘‘Notwithstanding state commerce to promote a prudent re-
‘‘$250,000,000,000’’.
any other provision of law, amounts’’. opening of businesses and other organiza-
TITLE II—CORONAVIRUS LIABILITY
SEC. 1002. DIRECT APPROPRIATION. tions that serve as the foundation and back-
RELIEF
Section 4027 of the CARES Act (15 U.S.C. bone of the national economy and of com-
SEC. 2001. SHORT TITLE.
9063) is amended by adding at the end the fol- merce among the States. These include
This title may be cited as the ‘‘Safe-
lowing: small and large businesses, schools (which
guarding America’s Frontline Employees To
‘‘(d) REDUCTION.—The appropriation made are substantial employers in their own right
Offer Work Opportunities Required to
under this section shall be reduced, on Janu- and provide necessary services to enable par-
Kickstart the Economy Act’’ or the ‘‘SAFE
ary 19, 2021, by an amount equal to the dif- ents and other caregivers to return to work),
TO WORK Act’’.
ference between $454,000,000,000 and the ag- colleges and universities (which are substan-
SEC. 2002. FINDINGS AND PURPOSES.
gregate amount of loans, loan guarantees, tial employers and supply the interstate
(a) FINDINGS.—Congress finds the fol-
and other investments that the Secretary market for higher-education services), reli-
lowing:
has made or committed to make under sec- gious, philanthropic and other nonprofit in-
(1) The SARS–CoV–2 virus that originated
tion 4003(b)(4) as of such date.’’. stitutions (which are substantial employers
in China and causes the disease COVID–19
SEC. 1003. TERMINATION OF AUTHORITY. has caused untold misery and devastation and provide necessary services to their com-
Section 4029 of the CARES Act (15 U.S.C. throughout the world, including in the munities), and local government agencies.
9063) is amended by adding at the end the fol- United States. (10) Congress must also ensure that the Na-
lowing: (2) For months, frontline health care work- tion’s health care workers and health care
‘‘(c) FEDERAL RESERVE PROGRAMS OR FA- ers and health care facilities have fought the facilities are able to act fully to defeat the
CILITIES.— virus with courage and resolve. They did so virus.
‘‘(1) IN GENERAL.—Notwithstanding any at first with very little information about (11) Congress must also safeguard its in-
other provision of law, after January 4, 2021, how to treat the virus and developed strate- vestment of taxpayer dollars under the
the Board of Governors of the Federal Re- gies to save lives of the people of the United CARES Act and other coronavirus legisla-
serve System and the Federal Reserve banks States in real time. They risked their per- tion. Congress must ensure that those funds
shall not make any loan, purchase any obli- sonal health and wellbeing to protect and are used to help businesses and workers sur-
gation, asset, security, or other interest, or treat their patients. vive and recover from the economic crisis,
make any extension of credit through any (3) Businesses in the United States kicked and to help health care workers and health
program or facility established under section into action to produce and procure personal care facilities defeat the virus. CARES Act
13(3) of the Federal Reserve Act (12 U.S.C. protective equipment, such as masks, gloves, funds cannot be diverted from these impor-
343(3)) in which the Secretary made a loan, face shields, and hand sanitizer, and other tant purposes to line the pockets of the trial
loan guarantee, or other investment using necessary medical supplies, such as ventila- bar.
funds appropriated under section 4027, other tors, at unprecedented rates. (12) One of the chief impediments to the
than any such loan, purchase, or extension of (4) To halt the spread of the disease, State continued flow of interstate commerce as
credit for which a complete application was and local governments took drastic meas- this public-health crisis has unfolded is the
submitted on or before January 4, 2021, pro- ures. They shut down small and large busi- risk of litigation. Small and large busi-
vided that such loan, purchase, or extension nesses, schools, colleges and universities, re- nesses, schools, colleges and universities, re-
of credit is made on or before January 18, ligious, philanthropic and other nonprofit in- ligious, philanthropic and other nonprofit in-
2021, and under the terms and conditions of stitutions, and local government agencies. stitutions, and local government agencies
the program or facility as in effect on the They ordered people to remain in their confront the risk of a tidal wave of lawsuits
SSpencer on DSK126QN23PROD with SENATE
date the complete application was sub- homes. accusing them of exposing employees, cus-
mitted. (5) This standstill was needed to slow the tomers, students, and worshipers to
‘‘(2) NO MODIFICATION.—On or after January spread of the virus. But it devastated the coronavirus. Health care workers face the
19, 2021, the Board of Governors of the Fed- economy of the United States. The sum of threat of lawsuits arising from their efforts
eral Reserve System and the Federal Reserve hundreds of local-level and State-level deci- to fight the virus.
banks shall not modify the terms and condi- sions to close nearly every space in which (13) They confront this litigation risk even
tions of any program or facility established people might gather brought interstate com- as they work tirelessly to comply with the
under section 13(3) of the Federal Reserve merce nearly to a halt. coronavirus guidance, rules, and regulations
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S5954 CONGRESSIONAL RECORD — SENATE September 30, 2020
issued by local governments, State govern- should proceed. Congress therefore must act vention or mitigation of the transmission of
ments, and the Federal Government. They to set rules governing liability in coronavirus issued by the Federal Govern-
confront this risk notwithstanding equip- coronavirus-related lawsuits. ment, or a State or local government with
ment and staffing shortages. And they con- (22) These rules necessarily must be tem- jurisdiction over the individual or entity.
front this risk while also grappling with con- porary and carefully tailored to the inter- (2) BUSINESSES, SERVICES, ACTIVITIES, OR
stantly changing information on how best to state crisis caused by the coronavirus pan- ACCOMMODATIONS.—The term ‘‘businesses,
protect employees, customers, students, and demic. They must extend no further than services, activities, or accommodations’’
worshipers from the virus, and how best to necessary to meet this uniquely national cri- means any act by an individual or entity, ir-
treat it. sis for which a patchwork of State and local respective of whether the act is carried on
(14) These lawsuits pose a substantial risk tort laws are ill-suited. for profit, that is interstate or foreign com-
to interstate commerce because they threat- (23) Because of the national scope of the merce, that involves persons or things in
en to keep small and large businesses, economic and health care dangers posed by interstate or foreign commerce, that in-
schools, colleges and universities, religious, the risks of coronavirus-related lawsuits, es- volves the channels or instrumentalities of
philanthropic and other nonprofit institu- tablishing temporary rules governing liabil- interstate or foreign commerce, that sub-
tions, and local government agencies from ity for certain coronavirus-related tort stantially affects interstate or foreign com-
reopening for fear of expensive litigation claims is a necessary and proper means of merce, or that is otherwise an act subject to
that might prove to be meritless. These law- carrying into execution Congress’s power to regulation by Congress as necessary and
suits further threaten to undermine the Na- regulate commerce among the several proper to carry into execution Congress’s
tion’s fight against the virus by exposing our States. powers to regulate interstate or foreign com-
health care workers and health care facili- (24) Because Congress must safeguard the merce or to spend funds for the general wel-
ties to liability for difficult medical deci- investment of taxpayer dollars it made in fare.
sions they have made under trying and un- the CARES Act and other coronavirus legis- (3) CORONAVIRUS.—The term ‘‘coronavirus’’
certain circumstances. lation, and ensure that they are used for means any disease, health condition, or
(15) These lawsuits also risk diverting tax- their intended purposes and not diverted for threat of harm caused by the SARS–CoV–2
payer money provided under the CARES Act other purposes, establishing temporary rules virus or a virus mutating therefrom.
and other coronavirus legislation from its in- governing liability for certain coronavirus-
tended purposes to the pockets of opportun- (4) CORONAVIRUS EXPOSURE ACTION.—
related tort claims is a necessary and proper (A) IN GENERAL.—The term ‘‘coronavirus
istic trial lawyers. means of carrying into execution Congress’s
(16) This risk is not purely local. It is nec- exposure action’’ means a civil action—
power to provide for the general welfare of (i) brought by a person who suffered per-
essarily national in scale. A patchwork of the United States.
local and State rules governing liability in sonal injury or is at risk of suffering per-
(b) PURPOSES.—Pursuant to the powers del- sonal injury, or a representative of a person
coronavirus-related lawsuits creates tremen- egated to Congress by article I, section 8,
dous unpredictability for everyone partici- who suffered personal injury or is at risk of
clauses 1, 3, 9, and 18, and article III, section suffering personal injury;
pating in interstate commerce and acts as a 2, clause 1 of the Constitution of the United
significant drag on national recovery. The (ii) brought against an individual or entity
States, the purposes of this title are to— engaged in businesses, services, activities, or
aggregation of each individual potential li- (1) establish necessary and consistent
ability risk poses a substantial and unprece- accommodations; and
standards for litigating certain claims spe- (iii) alleging that an actual, alleged,
dented threat to interstate commerce.
cific to the unique coronavirus pandemic; feared, or potential for exposure to
(17) The accumulated economic risks for
(2) prevent the overburdening of the court coronavirus caused the personal injury or
these potential defendants directly and sub-
systems with undue litigation; risk of personal injury, that—
stantially affects interstate commerce. Indi-
(3) encourage planning, care, and appro- (I) occurred in the course of the businesses,
viduals and entities potentially subject to
priate risk management by small and large services, activities, or accommodations of
coronavirus-related liability will structure
businesses, schools, colleges and univer- the individual or entity; and
their decisionmaking to avoid that liability.
sities, religious, philanthropic and other (II) occurred—
Small and large businesses, schools, colleges
nonprofit institutions, local government (aa) on or after December 1, 2019; and
and universities, religious, philanthropic and
other nonprofit institutions, and local gov- agencies, and health care providers; (bb) before the later of—
ernment agencies may decline to reopen be- (4) ensure that the Nation’s recovery from (AA) October 1, 2024; or
cause of the risk of litigation. They may the coronavirus economic crisis is not bur- (BB) the date on which there is no declara-
limit their output or engagement with cus- dened or slowed by the substantial risk of tion by the Secretary of Health and Human
tomers and communities to avoid the risk of litigation; Services under section 319F–3(b) of the Pub-
litigation. These individual economic deci- (5) prevent litigation brought to extract lic Health Service Act (42 U.S.C. 247d–6d(b))
sions substantially affect interstate com- settlements and enrich trial lawyers rather (relating to medical countermeasures) that
merce because, as a whole, they will prevent than vindicate meritorious claims; is in effect with respect to coronavirus, in-
the free and fair exchange of goods and serv- (6) protect interstate commerce from the cluding the Declaration Under the Public
ices across State lines. Such economic activ- burdens of potentially meritless litigation; Readiness and Emergency Preparedness Act
ity that, individually and in the aggregate, (7) ensure the economic recovery proceeds for Medical Countermeasures Against
substantially affects interstate commerce is without artificial and unnecessary delay; COVID–19 (85 Fed. Reg. 15198 ) issued by the
precisely the sort of conduct that should be (8) protect the interests of the taxpayers Secretary of Health and Human Services on
subject to congressional regulation. by ensuring that emergency taxpayer sup- March 17, 2020.
(18) Lawsuits against health care workers port continues to aid businesses, workers, (B) EXCLUSIONS.—The term ‘‘coronavirus
and facilities pose a similarly dangerous risk and health care providers rather than enrich exposure action’’ does not include—
to interstate commerce. Interstate com- trial lawyers; and (i) a criminal, civil, or administrative en-
merce will not truly rebound from this crisis (9) protect the highest and best ideals of forcement action brought by the Federal
until the virus is defeated, and that will not the national economy, so businesses can Government or any State, local, or Tribal
happen unless health care workers and facili- produce and serve their customers, workers government; or
ties are free to combat vigorously the virus can work, teachers can teach, students can (ii) a claim alleging intentional discrimi-
and treat patients with coronavirus and learn, and believers can worship. nation on the basis of race, color, national
those otherwise impacted by the response to SEC. 2003. DEFINITIONS. origin, religion, sex (including pregnancy),
coronavirus. In this title: disability, genetic information, or age.
(19) Subjecting health care workers and fa- (1) APPLICABLE GOVERNMENT STANDARDS (5) CORONAVIRUS-RELATED ACTION.—The
cilities to onerous litigation even as they AND GUIDANCE.—The term ‘‘applicable gov- term ‘‘coronavirus-related action’’ means a
have done their level best to combat a virus ernment standards and guidance’’ means— coronavirus exposure action or a
about which very little was known when it (A) any mandatory standards or regula- coronavirus-related medical liability action.
arrived in the United States would divert im- tions specifically concerning the prevention (6) CORONAVIRUS-RELATED HEALTH CARE
portant health care resources from hospitals or mitigation of the transmission of SERVICES.—The term ‘‘coronavirus-related
and providers to courtrooms. coronavirus issued by the Federal Govern- health care services’’ means services pro-
(20) Such a diversion would substantially ment, or a State or local government with vided by a health care provider, regardless of
affect interstate commerce by degrading the jurisdiction over an individual or entity, the location where the services are provided,
national capacity for combating the virus whether provided by executive, judicial, or that relate to—
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and saving patients, thereby substantially legislative order; and (A) the diagnosis, prevention, or treatment
elongating the period before interstate com- (B) with respect to an individual or entity of coronavirus;
merce could fully re-engage. that, at the time of the actual, alleged, (B) the assessment or care of an individual
(21) Congress also has the authority to de- feared, or potential for exposure to with a confirmed or suspected case of
termine the jurisdiction of the courts of the coronavirus is not subject to any mandatory coronavirus; or
United States, to set the standards for standards or regulations described in sub- (C) the care of any individual who is admit-
causes of action they can hear, and to estab- paragraph (A), any guidance, standards, or ted to, presents to, receives services from, or
lish the rules by which those causes of action regulations specifically concerning the pre- resides at, a health care provider for any
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5955
purpose during the period of a Federal emer- and supports furnished in a home or commu- (A) actual or potential physical injury to
gency declaration concerning coronavirus, if nity-based residential setting under the an individual or death caused by a physical
such provider’s decisions or activities with State Medicaid program or a waiver of that injury; or
respect to such individual are impacted as a program); or (B) mental suffering, emotional distress, or
result of coronavirus. (iii) considered under applicable Federal or similar injuries suffered by an individual in
(7) CORONAVIRUS-RELATED MEDICAL LIABIL- State law to be a health care provider, connection with a physical injury.
ITY ACTION.— health care professional, health care institu- (17) STATE.—The term ‘‘State’’—
(A) IN GENERAL.—The term ‘‘coronavirus- tion, or health care facility. (A) means any State of the United States,
related medical liability action’’ means a (B) INCLUSION OF ADMINISTRATORS, SUPER- the District of Columbia, the Commonwealth
civil action— VISORS, ETC.—The term ‘‘health care pro- of Puerto Rico, the Northern Mariana Is-
(i) brought by a person who suffered per- vider’’ includes a health care facility admin- lands, the United States Virgin Islands,
sonal injury, or a representative of a person istrator, executive, supervisor, board mem- Guam, American Samoa, and any other ter-
who suffered personal injury; ber or trustee, or another individual respon- ritory or possession of the United States,
(ii) brought against a health care provider; sible for directing, supervising, or moni- and any political subdivision or instrumen-
and toring the provision of coronavirus-related tality thereof; and
(iii) alleging any harm, damage, breach, or health care services in a comparable role. (B) includes any agency or instrumentality
tort resulting in the personal injury alleged (C) INCLUSION OF VOLUNTEERS.—The term of 2 or more of the entities described in sub-
to have been caused by, be arising out of, or ‘‘health care provider’’ includes volunteers paragraph (A).
be related to a health care provider’s act or that meet the following criteria: (18) TRIBAL GOVERNMENT.—
omission in the course of arranging for or (i) The volunteer is a health care profes- (A) IN GENERAL.—The term ‘‘Tribal govern-
providing coronavirus-related health care sional providing coronavirus-related health ment’’ means the recognized governing body
services that occurred— care services. of any Indian tribe included on the list pub-
(I) on or after December 1, 2019; and (ii) The act or omission by the volunteer lished by the Secretary of the Interior pursu-
(II) before the later of— occurs— ant to section 104(a) of the Federally Recog-
(aa) October 1, 2024; or (I) in the course of providing health care nized Indian Tribe List Act of 1994 (25 U.S.C.
(bb) the date on which there is no declara- services; 5131(a)).
tion by the Secretary of Health and Human (II) in the health care professional’s capac- (B) INCLUSION.—The term ‘‘Tribal govern-
Services under section 319F–3(b) of the Pub- ity as a volunteer; ment’’ includes any subdivision (regardless
lic Health Service Act (42 U.S.C. 247d–6d(b)) (III) in the course of providing health care of the laws and regulations of the jurisdic-
(relating to covered countermeasures) that is services that— tion in which the subdivision is organized or
in effect with respect to coronavirus, includ- (aa) are within the scope of the license, incorporated) of a governing body described
ing the Declaration Under the Public Readi- registration, or certification of the volun- in subparagraph (A) that—
ness and Emergency Preparedness Act for teer, as defined by the State of licensure, (i) is wholly owned by that governing body;
Medical Countermeasures Against COVID–19 registration, or certification; and and
(85 Fed. Reg. 15198 ) issued by the Secretary (bb) do not exceed the scope of license, reg- (ii) has been delegated the right to exercise
of Health and Human Services on March 17, istration, or certification of a substantially 1 or more substantial governmental func-
2020. similar health professional in the State in tions of the governing body.
(B) EXCLUSIONS.—The term ‘‘coronavirus- which such act or omission occurs; and (19) WILLFUL MISCONDUCT.—The term ‘‘will-
related medical liability action’’ does not in- (IV) in a good-faith belief that the indi- ful misconduct’’ means an act or omission
clude— vidual being treated is in need of health care that is taken—
(i) a criminal, civil, or administrative en- services. (A) intentionally to achieve a wrongful
forcement action brought by the Federal (13) INDIVIDUAL OR ENTITY.—The term ‘‘in- purpose;
Government or any State, local, or Tribal dividual or entity’’ means— (B) knowingly without legal or factual jus-
government; or (A) any natural person, corporation, com-
tification; and
(ii) a claim alleging intentional discrimi- pany, trade, business, firm, partnership,
(C) in disregard of a known or obvious risk
nation on the basis of race, color, national joint stock company, vessel in rem, edu-
that is so great as to make it highly prob-
origin, religion, sex (including pregnancy), cational institution, labor organization, or
able that the harm will outweigh the benefit.
disability, genetic information, or age. similar organization or group of organiza-
(8) EMPLOYER.—The term ‘‘employer’’— tions; Subtitle A—Liability Relief
(A) means any person serving as an em- (B) any nonprofit organization, foundation, PART I—LIABILITY LIMITATIONS FOR IN-
ployer or acting directly in the interest of an society, or association organized for reli- DIVIDUALS AND ENTITIES ENGAGED IN
employer in relation to an employee; gious, charitable, educational, or other pur- BUSINESSES, SERVICES, ACTIVITIES, OR
(B) includes a public agency; and poses; or ACCOMMODATIONS
(C) does not include any labor organization (C) any State, Tribal, or local government. SEC. 2121. APPLICATION OF PART.
(other than when acting as an employer) or (14) LOCAL GOVERNMENT.—The term ‘‘local (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IM-
any person acting in the capacity of officer government’’ means any unit of government MUNITY.—
or agent of such labor organization. within a State, including a— (1) CAUSE OF ACTION.—
(9) GOVERNMENT.—The term ‘‘government’’ (A) county; (A) IN GENERAL.—This part creates an ex-
means an agency, instrumentality, or other (B) borough; clusive cause of action for coronavirus expo-
entity of the Federal Government, a State (C) municipality; sure actions.
government (including multijurisdictional (D) city; (B) LIABILITY.—A plaintiff may prevail in a
agencies, instrumentalities, and entities), a (E) town; coronavirus exposure action only in accord-
local government, or a Tribal government. (F) township; ance with the requirements of this subtitle.
(10) GROSS NEGLIGENCE.—The term ‘‘gross (G) parish; (C) APPLICATION.—The provisions of this
negligence’’ means a conscious, voluntary (H) local public authority, including any part shall apply to—
act or omission in reckless disregard of— public housing agency under the United (i) any cause of action that is a
(A) a legal duty; States Housing Act of 1937 (42 U.S.C. 1437 et coronavirus exposure action that was filed
(B) the consequences to another party; and seq.); before the date of enactment of this Act and
(C) applicable government standards and (I) special district; that is pending on such date of enactment;
guidance. (J) school district; and
(11) HARM.—The term ‘‘harm’’ includes— (K) intrastate district; (ii) any coronavirus exposure action filed
(A) physical and nonphysical contact that (L) council of governments, whether or not on or after such date of enactment.
results in personal injury to an individual; incorporated as a nonprofit corporation (2) PRESERVATION OF LIABILITY LIMITS AND
and under State law; and DEFENSES.—Except as otherwise explicitly
(B) economic and noneconomic losses. (M) agency or instrumentality of— provided in this part, nothing in this part ex-
(12) HEALTH CARE PROVIDER.— (i) multiple units of local government (in- pands any liability otherwise imposed or
(A) IN GENERAL.—The term ‘‘health care cluding units of local government located in limits any defense otherwise available under
provider’’ means any person, including an different States); or Federal, State, or Tribal law.
agent, volunteer (subject to subparagraph (ii) an intra-State unit of local govern- (3) IMMUNITY.—Nothing in this part abro-
(C)), contractor, employee, or other entity, ment. gates the immunity of any State, or waives
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who is— (15) MANDATORY.—The term ‘‘mandatory’’, the immunity of any Tribal government. The
(i) required by Federal or State law to be with respect to applicable government stand- limitations on liability provided under this
licensed, registered, or certified to provide ards and guidance, means the standards or part shall control in any action properly
health care and is so licensed, registered, or regulations are themselves enforceable by filed against a State or Tribal government
certified (or is exempt from any such re- the issuing government through criminal, pursuant to a duly executed waiver by the
quirement); civil, or administrative action. State or Tribe of sovereign immunity and
(ii) otherwise authorized by Federal or (16) PERSONAL INJURY.—The term ‘‘personal stating claims within the scope of this part.
State law to provide care (including services injury’’ means— (b) PREEMPTION AND SUPERSEDURE.—
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S5956 CONGRESSIONAL RECORD — SENATE September 30, 2020
(1) IN GENERAL.—Except as described in entity is subject issues applicable govern- (d) MITIGATION.—Changes to the policies,
paragraphs (2) through (6), this part pre- ment standards and guidance, and the appli- practices, or procedures of an individual or
empts and supersedes any Federal, State, or cable government standards and guidance entity for complying with the applicable
Tribal law, including statutes, regulations, issued by 1 or more of the governments con- government standards and guidance after the
rules, orders, proclamations, or standards flicts with the applicable government stand- time of the actual, alleged, feared, or poten-
that are enacted, promulgated, or estab- ards and guidance issued by 1 or more of the tial for exposure to coronavirus, shall not be
lished under common law, related to recov- other governments, the individual or entity considered evidence of liability or culpa-
ery for personal injuries caused by actual, al- shall be considered to have made reasonable bility.
leged, feared, or potential for exposure to efforts in light of all the circumstances to PART II—LIABILITY LIMITATIONS FOR
coronavirus. comply with the applicable government HEALTH CARE PROVIDERS
(2) STRICTER LAWS NOT PREEMPTED OR SU- standards and guidance for purposes of sub- SEC. 2141. APPLICATION OF PART.
PERSEDED.—Nothing in this part shall be section (a)(1) unless the plaintiff establishes
(a) IN GENERAL.—
construed to affect the applicability of any by clear and convincing evidence that the in-
(1) CAUSE OF ACTION.—
provision of any Federal, State, or Tribal dividual or entity was not making reason-
(A) IN GENERAL.—This part creates an ex-
law that imposes stricter limits on damages able efforts in light of all the circumstances
clusive cause of action for coronavirus-re-
or liabilities for personal injury caused by, to comply with any of the conflicting appli-
lated medical liability actions.
arising out of, or related to an actual, al- cable government standards and guidance
(B) LIABILITY.—A plaintiff may prevail in a
leged, feared, or potential for exposure to issued by any government to whose jurisdic-
coronavirus-related medical liability action
coronavirus, or otherwise affords greater tion the individual or entity is subject.
(B) EXCEPTION.—If mandatory standards only in accordance with the requirements of
protection to defendants in any coronavirus this subtitle.
exposure action, than are provided in this and regulations constituting applicable gov-
ernment standards and guidance issued by (C) APPLICATION.—The provisions of this
part. Any such provision of Federal, State, part shall apply to—
or Tribal law shall be applied in addition to any government with jurisdiction over the
individual or entity conflict with applicable (i) any cause of action that is a
the requirements of this part and not in lieu coronavirus-related medical liability action
thereof. government standards and guidance that are
not mandatory and are issued by any other that was filed before the date of enactment
(3) WORKERS’ COMPENSATION LAWS NOT PRE- of this Act and that is pending on such date
EMPTED OR SUPERSEDED.—Nothing in this government with jurisdiction over the indi-
vidual or entity or by the same government of enactment; and
part shall be construed to affect the applica- (ii) any coronavirus-related medical liabil-
bility of any State or Tribal law providing that issued the mandatory standards and
regulations, the plaintiff may establish that ity action filed on or after such date of en-
for a claim for benefits under a workers’ actment.
compensation scheme or program, or to pre- the individual or entity did not make reason-
able efforts in light of all the circumstances (2) PRESERVATION OF LIABILITY LIMITS AND
empt or supersede an exclusive remedy under DEFENSES.—Except as otherwise explicitly
such scheme or program. to comply with the applicable government
standards and guidance for purposes of sub- provided in this part, nothing in this part ex-
(4) ENFORCEMENT ACTIONS.—Nothing in this pands any liability otherwise imposed or
part shall be construed to impair, limit, or section (a)(1) by establishing by clear and
convincing evidence that the individual or limits any defense otherwise available under
affect the authority of the Federal Govern- Federal, State, or Tribal law.
entity was not making reasonable efforts in
ment, or of any State, local, or Tribal gov- (3) IMMUNITY.—Nothing in this part abro-
light of all the circumstances to comply with
ernment, to bring any criminal, civil, or ad- gates the immunity of any State, or waives
the mandatory standards and regulations to
ministrative enforcement action against any the immunity of any Tribal government. The
which the individual or entity was subject.
individual or entity. limitations on liability provided under this
(2) WRITTEN OR PUBLISHED POLICY.—
(5) DISCRIMINATION CLAIMS.—Nothing in part shall control in any action properly
(A) IN GENERAL.—If an individual or entity
this part shall be construed to affect the ap- filed against a State or Tribal government
engaged in businesses, services, activities, or
plicability of any provision of any Federal, pursuant to a duly executed waiver by the
accommodations maintained a written or
State, or Tribal law that creates a cause of State or Tribe of sovereign immunity and
published policy on the mitigation of trans-
action for intentional discrimination on the mission of coronavirus at the time of the ac- stating claims within the scope of this part.
basis of race, color, national origin, religion, tual, alleged, feared, or potential for expo- (b) PREEMPTION AND SUPERSEDURE.—
sex (including pregnancy), disability, genetic sure to coronavirus that complied with, or (1) IN GENERAL.—Except as described in
information, or age. was more protective than, the applicable paragraphs (2) through (6), this part pre-
(6) MAINTENANCE AND CURE.—Nothing in government standards and guidance to which empts and supersedes any Federal, State, or
this part shall be construed to affect a sea- the individual or entity was subject, the in- Tribal law, including statutes, regulations,
man’s right to claim maintenance and cure dividual or entity shall be presumed to have rules, orders, proclamations, or standards
benefits. made reasonable efforts in light of all the that are enacted, promulgated, or estab-
(c) STATUTE OF LIMITATIONS.—A circumstances to comply with the applicable lished under common law, related to recov-
coronavirus exposure action may not be government standards and guidance for pur- ery for personal injuries caused by, arising
commenced in any Federal, State, or Tribal poses of subsection (a)(1). out of, or related to an act or omission by a
government court later than 1 year after the (B) REBUTTAL.—The plaintiff may rebut health care provider in the course of arrang-
date of the actual, alleged, feared, or poten- the presumption under subparagraph (A) by ing for or providing coronavirus-related
tial for exposure to coronavirus. establishing that the individual or entity health care services.
SEC. 2122. LIABILITY; SAFE HARBOR. was not complying with the written or pub- (2) STRICTER LAWS NOT PREEMPTED OR SU-
(a) REQUIREMENTS FOR LIABILITY FOR EXPO- lished policy at the time of the actual, al- PERSEDED.—Nothing in this part shall be
SURE TO CORONAVIRUS.—Notwithstanding any leged, feared, or potential for exposure to construed to affect the applicability of any
other provision of law, and except as other- coronavirus. provision of any Federal, State, or Tribal
wise provided in this section, no individual (C) ABSENCE OF A WRITTEN OR PUBLISHED law that imposes stricter limits on damages
or entity engaged in businesses, services, ac- POLICY.—The absence of a written or pub- or liabilities for personal injury caused by,
tivities, or accommodations shall be liable in lished policy shall not give rise to a pre- arising out of, or related to an act or omis-
any coronavirus exposure action unless the sumption that the individual or entity did sion by a health care provider in the course
plaintiff can prove by clear and convincing not make reasonable efforts in light of all of arranging for or providing coronavirus-re-
evidence that— the circumstances to comply with the appli- lated health care services, or otherwise af-
(1) in engaging in the businesses, services, cable government standards and guidance for fords greater protection to defendants in any
activities, or accommodations, the indi- purposes of subsection (a)(1). coronavirus-related medical liability action
vidual or entity was not making reasonable (3) TIMING.—For purposes of subsection than are provided in this part. Any such pro-
efforts in light of all the circumstances to (a)(1), a change to a policy or practice by an vision of Federal, State, or Tribal law shall
comply with the applicable government individual or entity before or after the ac- be applied in addition to the requirements of
standards and guidance in effect at the time tual, alleged, feared, or potential for expo- this part and not in lieu thereof.
of the actual, alleged, feared, or potential for sure to coronavirus, shall not be evidence of (3) ENFORCEMENT ACTIONS.—Nothing in this
exposure to coronavirus; liability for the actual, alleged, feared, or part shall be construed to impair, limit, or
(2) the individual or entity engaged in potential for exposure to coronavirus. affect the authority of the Federal Govern-
gross negligence or willful misconduct that (c) THIRD PARTIES.—No individual or entity ment, or of any State, local, or Tribal gov-
caused an actual exposure to coronavirus; shall be held liable in a coronavirus exposure ernment to bring any criminal, civil, or ad-
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and action for the acts or omissions of a third ministrative enforcement action against any
(3) the actual exposure to coronavirus party, unless— health care provider.
caused the personal injury of the plaintiff. (1) the individual or entity had an obliga- (4) DISCRIMINATION CLAIMS.—Nothing in
(b) REASONABLE EFFORTS TO COMPLY.— tion under general common law principles to this part shall be construed to affect the ap-
(1) CONFLICTING APPLICABLE GOVERNMENT control the acts or omissions of the third plicability of any provision of any Federal,
STANDARDS AND GUIDANCE.— party; or State, or Tribal law that creates a cause of
(A) IN GENERAL.—If more than 1 govern- (2) the third party was an agent of the indi- action for intentional discrimination on the
ment to whose jurisdiction an individual or vidual or entity. basis of race, color, national origin, religion,
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5957
sex (including pregnancy), disability, genetic (2) PROCEDURE AFTER REMOVAL.—Section (B) may not exceed the amount of compen-
information, or age. 1447 of title 28, United States Code, shall satory damages awarded; and
(5) PUBLIC READINESS AND EMERGENCY PRE- apply to any removal of a case under para- (3) the amount of monetary damages
PAREDNESS.—Nothing in this part shall be graph (1), except that, notwithstanding sub- awarded to a plaintiff shall be reduced by the
construed to affect the applicability of sec- section (d) of such section, a court of appeals amount of compensation received by the
tion 319F–3 of the Public Health Service Act of the United States shall accept an appeal plaintiff from another source in connection
(42 U.S.C. 247d–6d) to any act or omission in- from an order of a district court granting or with the personal injury, harm, damage,
volving a covered countermeasure, as defined denying a motion to remand the case to the breach, or tort, such as insurance or reim-
in subsection (i) of such section in arranging State or Tribal government court from bursement by a government.
for or providing coronavirus-related health which it was removed if application is made (c) PREEMPTION AND SUPERSEDURE.—
care services. Nothing in this part shall be to the court of appeals of the United States (1) IN GENERAL.—Except as described in
construed to affect the applicability of sec- not later than 10 days after the entry of the paragraphs (2) and (3), this section preempts
tion 319F–4 of the Public Health Service Act order. and supersedes any Federal, State, or Tribal
(42 U.S.C. 247d–6e). SEC. 2162. LIMITATIONS ON SUITS. law, including statutes, regulations, rules,
(6) VACCINE INJURY.—To the extent that orders, proclamations, or standards that are
(a) JOINT AND SEVERAL LIABILITY LIMITA-
title XXI of the Public Health Service Act enacted, promulgated, or established under
TIONS.—
(42 U.S.C. 300aa–1 et seq.) establishes a Fed- common law, related to joint and several li-
(1) IN GENERAL.—An individual or entity
eral rule applicable to a civil action brought ability, proportionate or contributory liabil-
against whom a final judgment is entered in
for a vaccine-related injury or death, this ity, contribution, or the award of damages
any coronavirus-related action shall be lia- for any coronavirus-related action.
part does not affect the application of that ble solely for the portion of the judgment
rule to such an action. (2) STRICTER LAWS NOT PREEMPTED OR SU-
that corresponds to the relative and propor- PERSEDED.—Nothing in this section shall be
(c) STATUTE OF LIMITATIONS.—A tionate responsibility of that individual or
coronavirus-related medical liability action construed to affect the applicability of any
entity. In determining the percentage of re- provision of any Federal, State, or Tribal
may not be commenced in any Federal, sponsibility of any defendant, the trier of
State, or Tribal government court later than law that—
fact shall determine that percentage as a (A) limits the liability of a defendant in a
1 year after the date of the alleged harm,
percentage of the total fault of all individ- coronavirus-related action to a lesser degree
damage, breach, or tort, unless tolled for—
uals or entities, including the plaintiff, who of liability than the degree of liability deter-
(1) proof of fraud;
caused or contributed to the total loss in- mined under this section;
(2) intentional concealment; or
curred by the plaintiff. (B) otherwise affords a greater degree of
(3) the presence of a foreign body, which
(2) PROPORTIONATE LIABILITY.— protection from joint or several liability
has no therapeutic or diagnostic purpose or
(A) DETERMINATION OF RESPONSIBILITY.—In than is afforded by this section; or
effect, in the person of the injured person.
any coronavirus-related action, the court (C) limits the damages that can be recov-
SEC. 2142. LIABILITY FOR HEALTH CARE PROFES-
SIONALS AND HEALTH CARE FACILI-
shall instruct the jury to answer special in- ered from a defendant in a coronavirus-re-
TIES DURING CORONAVIRUS PUBLIC terrogatories, or, if there is no jury, the lated action to a lesser amount of damages
HEALTH EMERGENCY. court shall make findings with respect to than the amount determined under this sec-
(a) REQUIREMENTS FOR LIABILITY FOR each defendant, including defendants who tion.
CORONAVIRUS-RELATED HEALTH CARE SERV- have entered into settlements with the (3) PUBLIC READINESS AND EMERGENCY PRE-
ICES.—Notwithstanding any other provision plaintiff or plaintiffs, concerning the per- PAREDNESS.—Nothing in this part shall be
of law, and except as provided in subsection centage of responsibility, if any, of each de- construed to affect the applicability of sec-
(b), no health care provider shall be liable in fendant, measured as a percentage of the tion 319F–3 of the Public Health Service Act
a coronavirus-related medical liability ac- total fault of all individuals or entities who (42 U.S.C. 247d–6d) to any act or omission in-
tion unless the plaintiff can prove by clear caused or contributed to the loss incurred by volving a covered countermeasure, as defined
and convincing evidence— the plaintiff. in subsection (i) of such section in arranging
(1) gross negligence or willful misconduct (B) FACTORS FOR CONSIDERATION.—In deter- for or providing coronavirus-related health
by the health care provider; and mining the percentage of responsibility care services. Nothing in this part shall be
(2) that the alleged harm, damage, breach, under this subsection, the trier of fact shall construed to affect the applicability of sec-
or tort resulting in the personal injury was consider— tion 319F–4 of the Public Health Service Act
directly caused by the alleged gross neg- (i) the nature of the conduct of each indi- (42 U.S.C. 247d–6e).
ligence or willful misconduct. vidual or entity found to have caused or con- SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT
(b) EXCEPTIONS.—For purposes of this sec- tributed to the loss incurred by the plaintiff; COURTS OF THE UNITED STATES.
tion, acts, omissions, or decisions resulting and (a) PLEADING WITH PARTICULARITY.—In any
from a resource or staffing shortage shall (ii) the nature and extent of the causal re- coronavirus-related action filed in or re-
not be considered willful misconduct or gross lationship between the conduct of each such moved to a district court of the United
negligence. individual or entity and the damages in- States—
PART III—SUBSTANTIVE AND PROCE- curred by the plaintiff. (1) the complaint shall plead with particu-
DURAL PROVISIONS FOR (3) JOINT LIABILITY FOR SPECIFIC INTENT OR larity—
CORONAVIRUS-RELATED ACTIONS GEN- FRAUD.—Notwithstanding paragraph (1), in (A) each element of the plaintiff’s claim;
ERALLY any coronavirus-related action the liability and
SEC. 2161. JURISDICTION. of a defendant is joint and several if the trier (B) with respect to a coronavirus exposure
(a) JURISDICTION.—The district courts of of fact specifically determines that the de- action, all places and persons visited by the
the United States shall have concurrent fendant— person on whose behalf the complaint was
original jurisdiction of any coronavirus-re- (A) acted with specific intent to injure the filed and all persons who visited the resi-
lated action. plaintiff; or dence of the person on whose behalf the com-
(b) REMOVAL.— (B) knowingly committed fraud. plaint was filed during the 14-day-period be-
(1) IN GENERAL.—A coronavirus-related ac- (4) RIGHT TO CONTRIBUTION NOT AFFECTED.— fore the onset of the first symptoms alleg-
tion of which the district courts of the Nothing in this subsection affects the right, edly caused by coronavirus, including—
United States have original jurisdiction under any other law, of a defendant to con- (i) each individual or entity against which
under subsection (a) that is brought in a tribution with respect to another defendant a complaint is filed, along with the factual
State or Tribal government court may be re- determined under paragraph (3) to have basis for the belief that such individual or
moved to a district court of the United acted with specific intent to injure the plain- entity was a cause of the personal injury al-
States in accordance with section 1446 of tiff or to have knowingly committed fraud. leged; and
title 28, United States Code, except that— (b) LIMITATIONS ON DAMAGES.—In any (ii) every other person or place visited by
(A) notwithstanding subsection (b)(2)(A) of coronavirus-related action— the person on whose behalf the complaint
such section, such action may be removed by (1) the award of compensatory damages was filed and every other person who visited
any defendant without the consent of all de- shall be limited to economic losses incurred the residence of the person on whose behalf
fendants; and as the result of the personal injury, harm, the complaint was filed during such period,
(B) notwithstanding subsection (b)(1) of damage, breach, or tort, except that the along with the factual basis for the belief
such section, for any cause of action that is court may award damages for noneconomic that these persons and places were not the
a coronavirus-related action that was filed in losses if the trier of fact determines that the
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cause of the personal injury alleged; and
a State court before the date of enactment of personal injury, harm, damage, breach, or (2) the complaint shall plead with particu-
this Act and that is pending in such court on tort was caused by the willful misconduct of larity each alleged act or omission consti-
such date of enactment, and of which the dis- the individual or entity; tuting gross negligence or willful mis-
trict courts of the United States have origi- (2) punitive damages— conduct that resulted in personal injury,
nal jurisdiction under subsection (a), any de- (A) may be awarded only if the trier of fact harm, damage, breach, or tort.
fendant may file a notice of removal of a determines that the personal injury to the (b) SEPARATE STATEMENTS CONCERNING THE
civil action or proceeding within 30 days of plaintiff was caused by the willful mis- NATURE AND AMOUNT OF DAMAGES AND RE-
the date of enactment of this Act. conduct of the individual or entity; and QUIRED STATE OF MIND.—
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S5958 CONGRESSIONAL RECORD — SENATE September 30, 2020
(1) NATURE AND AMOUNT OF DAMAGES.—In an interrogatory, a request for production of 28, United States Code, if the claim for which
any coronavirus-related action filed in or re- documents, or any other form of discovery the letter was transmitted was meritless.
moved to a district court of the United request) under rule 37 of the Federal Rules of (b) DAMAGES.—Damages available under
States in which monetary damages are re- Civil Procedure, only if the court finds subsection (a) shall include—
quested, there shall be filed with the com- that— (1) compensatory damages including costs
plaint a statement of specific information as (i) the requesting party needs the informa- incurred in responding to the demand; and
to the nature and amount of each element of tion sought to prove or defend as to a mate- (2) punitive damages, if the court deter-
damages and the factual basis for the dam- rial issue contested in such action; and mines that the defendant had knowledge or
ages calculation. (ii) the likely benefits of a response to such was reckless with regard to the fact that the
(2) REQUIRED STATE OF MIND.—In any request equal or exceed the burden or cost claim was meritless.
coronavirus-related action filed in or re- for the responding party of providing such (c) ATTORNEY’S FEES AND COSTS.—In an ac-
moved to a district court of the United response. tion commenced under subsection (a), if the
States in which a claim is asserted on which (f) INTERLOCUTORY APPEAL AND STAY OF plaintiff is a prevailing party, the court
the plaintiff may prevail only on proof that DISCOVERY.—The courts of appeals of the shall, in addition to any judgment awarded
the defendant acted with a particular state United States shall have jurisdiction of an to a plaintiff, allow a reasonable attorney’s
of mind, there shall be filed with the com- fee to be paid by the defendant, and costs of
appeal from a motion to dismiss that is de-
plaint, with respect to each element of that the action.
nied in any coronavirus-related action in a (d) JURISDICTION.—The district courts of
claim, a statement of the facts giving rise to district court of the United States. The dis-
a strong inference that the defendant acted the United States shall have concurrent
trict court shall stay all discovery in such a original jurisdiction of all claims arising
with the required state of mind. coronavirus-related action until the court of
(c) VERIFICATION AND MEDICAL RECORDS.— under subsection (a).
appeals has disposed of the appeal. (e) ENFORCEMENT BY THE ATTORNEY GEN-
(1) VERIFICATION REQUIREMENT.— (g) CLASS ACTIONS AND MULTIDISTRICT LITI- ERAL.—
(A) IN GENERAL.—The complaint in a GATION PROCEEDINGS.— (1) IN GENERAL.—Whenever the Attorney
coronavirus-related action filed in or re- (1) CLASS ACTIONS.—In any coronavirus-re- General has reasonable cause to believe that
moved to a district court of the United lated action that is filed in or removed to a any person or group of persons is engaged in
States shall include a verification, made by district court of the United States and is a pattern or practice of transmitting de-
affidavit of the plaintiff under oath, stating maintained as a class action or multidistrict mands for remuneration in exchange for set-
that the pleading is true to the knowledge of litigation— tling, releasing, waiving, or otherwise not
the deponent, except as to matters specifi- (A) an individual or entity shall only be a pursuing a claim that is, or could be,
cally identified as being alleged on informa- member of the class if the individual or enti- brought as part of a coronavirus-related ac-
tion and belief, and that as to those matters ty affirmatively elects to be a member; and tion and that is meritless, the Attorney Gen-
the plaintiff believes it to be true. (B) the court, in addition to any other no- eral may commence a civil action in any ap-
(B) IDENTIFICATION OF MATTERS ALLEGED tice required by applicable Federal or State propriate district court of the United States.
UPON INFORMATION AND BELIEF.—Any matter law, shall direct notice of the action to each (2) RELIEF.—In a civil action under para-
that is not specifically identified as being al- member of the class, which shall include— graph (1), the court may, to vindicate the
leged upon the information and belief of the (i) a concise and clear description of the public interest, assess a civil penalty against
plaintiff, shall be regarded for all purposes, nature of the action; the respondent in an amount not exceeding
including a criminal prosecution, as having (ii) the jurisdiction where the case is pend- $50,000 per transmitted demand for remu-
been made upon the knowledge of the plain- ing; and neration in exchange for settling, releasing,
tiff. (iii) the fee arrangements with class coun- waiving or otherwise not pursuing a claim
(2) MATERIALS REQUIRED.—In any sel, including— that is meritless.
coronavirus-related action filed in or re- (I) the hourly fee being charged; or (3) DISTRIBUTION OF CIVIL PENALTIES.—If
moved to a district court of the United (II) if it is a contingency fee, the percent- the Attorney General obtains civil penalties
States, the plaintiff shall file with the com- age of the final award which will be paid, in- in accordance with paragraph (2), the Attor-
plaint— cluding an estimate of the total amount that ney General shall distribute the proceeds eq-
(A) an affidavit by a physician or other would be paid if the requested damages were uitably among those persons aggrieved by
qualified medical expert who did not treat to be granted; and the respondent’s pattern or practice of trans-
the person on whose behalf the complaint (III) if the cost of the litigation is being fi- mitting demands for remuneration in ex-
was filed that explains the basis for such nanced, a description of the financing ar- change for settling, releasing, waiving or
physician’s or other qualified medical ex- rangement. otherwise not pursuing a claim that is
pert’s belief that such person suffered the (2) MULTIDISTRICT LITIGATIONS.— meritless.
personal injury, harm, damage, breach, or (A) TRIAL PROHIBITION.—In any coordinated PART IV—RELATION TO LABOR AND
tort alleged in the complaint; and or consolidated pretrial proceedings con- EMPLOYMENT LAWS
(B) certified medical records documenting ducted pursuant to section 1407(b) of title 28,
the alleged personal injury, harm, damage, SEC. 2181. LIMITATION ON VIOLATIONS UNDER
United States Code, the judge or judges to SPECIFIC LAWS.
breach, or tort. whom coronavirus-related actions are as-
(d) APPLICATION WITH FEDERAL RULES OF (a) IN GENERAL.—
signed by the Judicial Panel on Multidistrict (1) DEFINITION.—In this subsection, the
CIVIL PROCEDURE.—This section applies ex- Litigation may not conduct a trial in a
clusively to any coronavirus-related action term ‘‘covered Federal employment law’’
coronavirus-related action transferred to or means any of the following:
filed in or removed to a district court of the
directly filed in the proceedings unless all (A) The Occupational Safety and Health
United States and, except to the extent that
parties to that coronavirus-related action Act of 1970 (29 U.S.C. 651 et seq.) (including
this section requires additional information
consent. any standard included in a State plan ap-
to be contained in or attached to pleadings,
nothing in this section is intended to amend (B) REVIEW OF ORDERS.—The court of ap- proved under section 18 of such Act (29 U.S.C.
or otherwise supersede applicable rules of peals of the United States having jurisdic- 667)).
Federal civil procedure. tion over the transferee district court shall (B) The Fair Labor Standards Act of 1938
(e) CIVIL DISCOVERY FOR ACTIONS IN DIS- permit an appeal to be taken from any order (29 U.S.C. 201 et seq.).
TRICT COURTS OF THE UNITED STATES.— issued in the conduct of coordinated or con- (C) The Age Discrimination in Employ-
(1) TIMING.—Notwithstanding any other solidated pretrial proceedings conducted pur- ment Act of 1967 (29 U.S.C. 621 et seq.).
provision of law, in any coronavirus-related suant to section 1407(b) of title 28, United (D) The Worker Adjustment and Retrain-
action filed in or removed to a district court States Code, if the order is applicable to 1 or ing Notification Act (29 U.S.C. 2101 et seq.).
of the United States, no discovery shall be more coronavirus-related actions and an im- (E) Title VII of the Civil Rights Act of 1964
allowed before— mediate appeal from the order may materi- (42 U.S.C. 2000e et seq.).
(A) the time has expired for the defendant ally advance the ultimate termination of 1 (F) Title II of the Genetic Information
to answer or file a motion to dismiss; and or more coronavirus-related actions in the Nondiscrimination Act of 2008 (42 U.S.C.
(B) if a motion to dismiss is filed, the court proceedings. 2000ff et seq.).
has ruled on the motion. SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION. (G) Title I of the Americans with Disabil-
(2) STANDARD.—Notwithstanding any other (a) CAUSE OF ACTION.—If any person trans- ities Act of 1990 (42 U.S.C. 12111 et seq.).
provision of law, the court in any mits or causes another to transmit in any (2) LIMITATION.—Notwithstanding any pro-
coronavirus-related action that is filed in or form and by any means a demand for remu- vision of a covered Federal employment law,
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removed to a district court of the United neration in exchange for settling, releasing, in any action, proceeding, or investigation
States— waiving, or otherwise not pursuing a claim resulting from or related to an actual, al-
(A) shall permit discovery only with re- that is, or could be, brought as part of a leged, feared, or potential for exposure to
spect to matters directly related to material coronavirus-related action, the party receiv- coronavirus, or a change in working condi-
issues contested in the coronavirus-related ing such a demand shall have a cause of ac- tions caused by a law, rule, declaration, or
action; and tion for the recovery of damages occasioned order related to coronavirus, an employer
(B) may compel a response to a discovery by such demand and for declaratory judg- shall not be subject to any enforcement pro-
request (including a request for admission, ment in accordance with chapter 151 of title ceeding or liability under any provision of a
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5959
covered Federal employment law if the em- those personal injuries caused by the gross (1) in subparagraph (C), by striking ‘‘; or’’
ployer— negligence or intentional misconduct of the and inserting a semicolon;
(A) was relying on and generally following employer or other person. (2) in subparagraph (D), by striking the pe-
applicable government standards and guid- SEC. 2183. JOINT EMPLOYMENT AND INDE- riod and inserting ‘‘; or’’; and
ance; PENDENT CONTRACTING. (3) by adding at the end the following:
(B) knew of the obligation under the rel- Notwithstanding any other provision of ‘‘(E) a drug (as such term is defined in sec-
evant provision; and Federal or State law, including any covered tion 201(g)(1) of the Federal Food, Drug, and
(C) attempted to satisfy any such obliga- Federal employment law (as defined in sec- Cosmetic Act), biological product (including
tion by— tion 2181(a)), the Labor Management Rela- a vaccine) (as such term is defined in section
(i) exploring options to comply with such tions Act, 1947 (29 U.S.C. 141 et seq.), the Em- 351(i)), or device (as such term is defined in
obligations and with the applicable govern- ployment Retirement Income Security Act section 201(h) of the Federal Food, Drug, and
ment standards and guidance (such as of 1974 (29 U.S.C. 1001 et seq.), and the Family Cosmetic Act) that—
through the use of virtual training or remote and Medical Leave Act of 1993 (29 U.S.C. 2601 ‘‘(i) is the subject of a notice of use of en-
communication strategies); et seq.), it shall not constitute evidence of a forcement discretion issued by the Secretary
(ii) implementing interim alternative pro- joint employment relationship or employ- if such drug, biological product, or device is
tections or procedures; or ment relationship for any employer to pro- used—
(iii) following guidance issued by the rel- vide or require, for an employee of another ‘‘(I) when such notice is in effect;
evant agency with jurisdiction with respect employer or for an independent contractor, ‘‘(II) within the scope of such notice; and
to any exemptions from such obligation. any of the following: ‘‘(III) in compliance with other applicable
(b) PUBLIC ACCOMMODATION LAWS.— (1) Coronavirus-related policies, proce- requirements of the Federal Food, Drug, and
(1) DEFINITIONS.—In this subsection— dures, or training. Cosmetic Act that are not the subject of
(A) the term ‘‘auxiliary aids and services’’ (2) Personal protective equipment or train- such notice;
has the meaning given the term in section 4 ing for the use of such equipment. ‘‘(ii) in the case of a device, is exempt from
of the Americans with Disabilities Act of (3) Cleaning or disinfecting services or the the requirement under section 510(k) of the
1990 (42 U.S.C. 12103); means for such cleaning or disinfecting. Federal Food, Drug, and Cosmetic Act; or
(B) the term ‘‘covered public accommoda- (4) Workplace testing for coronavirus. ‘‘(iii) in the case of a drug—
tion law’’ means— (5) Temporary assistance due to ‘‘(I) meets the requirements for marketing
(i) title III of the Americans with Disabil- coronavirus, including financial assistance under a final administrative order under sec-
ities Act of 1990 (42 U.S.C. 12181 et seq.); or or other health and safety benefits. tion 505G of the Federal Food, Drug, and Cos-
(ii) title II of the Civil Rights Act of 1964 SEC. 2184. EXCLUSION OF CERTAIN NOTIFICA- metic Act; or
(42 U.S.C. 2000a et seq.); TION REQUIREMENTS AS A RESULT ‘‘(II) is marketed in accordance with sec-
(C) the term ‘‘place of public accommoda- OF THE COVID–19 PUBLIC HEALTH
tion 505G(a)(3) of such Act.’’.
tion’’ means— EMERGENCY.
(b) CLARIFYING MEANS OF DISTRIBUTION.—
(i) a place of public accommodation, as de- (a) DEFINITIONS.—Section 2(a) of the Work-
Section 319F–3(a)(5) of the Public Health
fined in section 201 of the Civil Rights Act of er Adjustment and Retraining Notification
Service Act (42 U.S.C. 247d–6d(a)(5)) is
1964 (42 U.S.C. 2000a); or Act (29 U.S.C. 2101(a)) is amended—
amended by inserting ‘‘by, or in partnership
(ii) a public accommodation, as defined in (1) in paragraph (2), by adding before the
with, Federal, State, or local public health
section 301 of the Americans with Disabil- semicolon at the end the following: ‘‘and the
officials or the private sector’’ after ‘‘dis-
ities Act of 1990 (42 U.S.C. 12181); and shutdown, if occurring during the covered
tribution’’ the first place it appears.
(D) the term ‘‘public health emergency pe- period, is not a result of the COVID–19 na-
(c) NO CHANGE TO ADMINISTRATIVE PROCE-
riod’’ means a period designated a public tional emergency’’;
DURE ACT APPLICATION TO ENFORCEMENT DIS-
health emergency period by a Federal, State, (2) in paragraph (3)—
CRETION EXERCISE.—Section 319F–3 of the
or local government authority. (A) in subparagraph (A), by striking ‘‘and’’
Public Health Service Act (42 U.S.C. 247d–6d)
(2) ACTIONS AND MEASURES DURING A PUBLIC at the end;
is amended by adding at the end the fol-
HEALTH EMERGENCY.— (B) in subparagraph (B), by adding ‘‘and’’
lowing:
(A) IN GENERAL.—Notwithstanding any at the end; and
‘‘(j) RULE OF CONSTRUCTION.—Nothing in
other provision of law or regulation, during (C) by adding at the end the following:
this section shall be construed—
any public health emergency period, no per- ‘‘(C) if occurring during the covered period,
‘‘(1) to require use of procedures described
son who owns, leases (or leases to), or oper- is not a result of the COVID–19 national
in section 553 of title 5, United States Code,
ates a place of public accommodation shall emergency;’’;
for a notice of use of enforcement discretion
be liable under, or found in violation of, any (3) in paragraph (7), by striking ‘‘and’’;
for which such procedures are not otherwise
covered public accommodation law for any (4) in paragraph (8), by striking the period
required; or
action or measure taken regarding at the end and inserting a semicolon; and
‘‘(2) to affect whether such notice con-
coronavirus and that place of public accom- (5) by adding at the end the following:
stitutes final agency action within the
modation, if such person— ‘‘(9) the term ‘covered period’ means the
meaning of section 704 of title 5, United
(i) has determined that the significant risk period that—
States Code.’’.
of substantial harm to public health or the ‘‘(A) begins on January 1, 2020; and
health of employees cannot be reduced or ‘‘(B) ends 90 days after the last date of the Subtitle C—General Provisions
eliminated by reasonably modifying policies, COVID–19 national emergency; and SEC. 2301. SEVERABILITY.
practices, or procedures, or the provision of ‘‘(10) the term ‘COVID–19 national emer- If any provision of this title, an amend-
an auxiliary aid or service; or gency’ means the national emergency de- ment made by this title, or the application
(ii) has offered such a reasonable modifica- clared by the President under the National of such a provision or amendment to any
tion or auxiliary aid or service but such offer Emergencies Act (50 U.S.C. 1601 et seq.) with person or circumstance is held to be uncon-
has been rejected by the individual protected respect to the Coronavirus Disease 2019 stitutional, the remaining provisions of and
by the covered law. (COVID–19).’’. amendments made by this title, as well as
(B) REQUIRED WAIVER PROHIBITED.—For pur- (b) EXCLUSION FROM DEFINITION OF EMPLOY- the application of such provision or amend-
poses of this subsection, no person who owns, MENT LOSS.—Section 2(b) of the Worker Ad- ment to any person other than the parties to
leases (or leases to), or operates a place of justment and Retraining Notification Act (29 the action holding the provision or amend-
public accommodation shall be required to U.S.C. 2101(b)) is amended by adding at the ment to be unconstitutional, or to any cir-
waive any measure, requirement, or rec- end the following: cumstances other than those presented in
ommendation that has been adopted in ac- ‘‘(3) Notwithstanding subsection (a)(6), dur- such action, shall not be affected thereby.
cordance with a requirement or rec- ing the covered period an employee may not
TITLE III—ASSISTANCE FOR AMERICAN
ommendation issued by the Federal Govern- be considered to have experienced an em-
FAMILIES
ment or any State or local government with ployment loss if the termination, layoff ex-
ceeding 6 months, or reduction in hours of SEC. 3001. SHORT TITLE.
regard to coronavirus, in order to offer such
a reasonable modification or auxiliary aids work of more than 50 percent during each This title may be cited as the ‘‘Continued
and services. month of any 6-month period involved is a Financial Relief to Americans Act of 2020’’.
SEC. 2182. LIABILITY FOR CONDUCTING TESTING result of the COVID–19 national emer- SEC. 3002. EXTENSION OF THE FEDERAL PAN-
AT WORKPLACE. gency.’’. DEMIC UNEMPLOYMENT COMPENSA-
TION PROGRAM.
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Notwithstanding any other provision of Subtitle B—Products
Federal, State, or local law, an employer, or (a) EXTENSION.—Section 2104(e)(2) of divi-
SEC. 2201. APPLICABILITY OF THE TARGETED LI-
other person who hires or contracts with ABILITY PROTECTIONS FOR PAN- sion A of the CARES Act (15 U.S.C. 9023(e)(2))
other individuals to provide services, that DEMIC AND EPIDEMIC PRODUCTS is amended by striking ‘‘July 31, 2020’’ and
conducts tests for coronavirus on the em- AND SECURITY COUNTERMEASURES inserting ‘‘December 27, 2020’’.
ployees of the employer or persons hired or WITH RESPECT TO COVID–19. (b) AMOUNT.—
contracted to provide services shall not be (a) IN GENERAL.—Section 319F–3(i)(1) of the (1) IN GENERAL.—Section 2104(b) of division
liable for any action or personal injury di- Public Health Service Act (42 U.S.C. 247d– A of the CARES Act (15 U.S.C. 9023(b)) is
rectly resulting from such testing, except for 6d(i)(1)) is amended— amended—
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S5960 CONGRESSIONAL RECORD — SENATE September 30, 2020
(A) in paragraph (1)(B), by striking ‘‘of ‘‘(XI) covered worker protection expendi- trator in consultation with the Secretary of
$600’’ and inserting ‘‘equal to the amount tures, as defined in such section 1106(a).’’. Health and Human Services and the Sec-
specified in paragraph (3)’’; and (2) LOAN FORGIVENESS.—Section 1106 of the retary of Labor; and
(B) by adding at the end the following new CARES Act (15 U.S.C. 9005) is amended— ‘‘(C) does not include residential real prop-
paragraph: (A) in subsection (a)— erty or intangible property;’’; and
‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- (i) by redesignating paragraphs (6), (7), and (ix) in paragraph (11), as so redesignated—
PLOYMENT COMPENSATION.—The amount spec- (8) as paragraphs (10), (11), and (12), respec- (I) in subparagraph (C), by striking ‘‘and’’
ified in this paragraph is the following tively; at the end;
amount: (ii) by redesignating paragraph (5) as para- (II) in subparagraph (D), by striking ‘‘and’’
‘‘(A) For weeks of unemployment begin- graph (8); at the end; and
ning after the date on which an agreement is (iii) by redesignating paragraph (4) as para- (III) by adding at the end the following:
entered into under this section and ending graph (6); ‘‘(E) covered operations expenditures;
on or before July 31, 2020, $600. (iv) by redesignating paragraph (3) as para- ‘‘(F) covered property damage costs;
‘‘(B) For weeks of unemployment begin- graph (4); ‘‘(G) covered supplier costs; and
ning after the last week under subparagraph (v) by inserting after paragraph (2) the fol- ‘‘(H) covered worker protection expendi-
(A) and ending on or before December 27, lowing: tures; and’’;
2020, $300.’’. ‘‘(3) the term ‘covered operations expendi- (B) in subsection (b), by adding at the end
(2) TECHNICAL AMENDMENT REGARDING AP- ture’ means a payment for any business soft- the following:
PLICATION TO SHORT-TIME COMPENSATION PRO- ware or cloud computing service that facili- ‘‘(5) Any covered operations expenditure.
GRAMS AND AGREEMENTS.—Section 2104(i)(2) tates business operations, product or service ‘‘(6) Any covered property damage cost.
of division A of the CARES Act (15 U.S.C. delivery, the processing, payment, or track- ‘‘(7) Any covered supplier cost.
9023(i)(2)) is amended— ing of payroll expenses, human resources, ‘‘(8) Any covered worker protection ex-
(A) in subparagraph (C), by striking ‘‘and’’ sales and billing functions, or accounting or penditure.’’;
at the end; tracking of supplies, inventory, records and (C) in subsection (d)(8), by inserting ‘‘any
(B) in subparagraph (D), by striking the pe- expenses;’’; payment on any covered operations expendi-
riod at the end and inserting ‘‘; and’’; and (vi) by inserting after paragraph (4), as so ture, any payment on any covered property
(C) by adding at the end the following: redesignated, the following: damage cost, any payment on any covered
‘‘(E) short-time compensation under sec- ‘‘(5) the term ‘covered property damage supplier cost, any payment on any covered
tion 2108 or 2109.’’. cost’ means a cost related to property dam- worker protection expenditure,’’ after ‘‘rent
(c) EXTENSION OF ENHANCED BENEFITS age and vandalism or looting due to public obligation,’’; and
UNDER THE RAILROAD UNEMPLOYMENT INSUR- disturbances that occurred during 2020 that (D) in subsection (e)—
ANCE ACT.—Section 2(a)(5)(A) of the Railroad was not covered by insurance or other com- (i) in paragraph (2), by inserting ‘‘pay-
Unemployment Insurance Act (45 U.S.C. pensation;’’; ments on covered operations expenditures,
352(a)(5)(A)) is amended by inserting after (vii) by inserting after paragraph (6), as so payments on covered property damage costs,
the first sentence the following new sen- redesignated, the following: payments on covered supplier costs, pay-
tence: ‘‘Notwithstanding paragraph (3), sub- ‘‘(5) the term ‘covered supplier cost’ means ments on covered worker protection expendi-
section (c)(1)(B), and any other limitation on an expenditure made by an entity to a sup- tures,’’ after ‘‘lease obligations,’’; and
total benefits in this Act, for registration pe- plier of goods pursuant to a contract in ef- (ii) in paragraph (3)(B), by inserting ‘‘make
riods beginning after July 31, 2020, but on or fect before February 15, 2020 for the supply of payments on covered operations expendi-
before December 27, 2020, a recovery benefit goods that are essential to the operations of tures, make payments on covered property
in the amount of $600 shall be payable with the entity at the time at which the expendi- damage costs, make payments on covered
respect to a qualified employee for a period ture is made;’’; supplier costs, make payments on covered
in which the individual received unemploy- (viii) by inserting after paragraph (8), as so worker protection expenditures,’’ after ‘‘rent
ment benefits under paragraph (1)(A).’’. redesignated, the following: obligation,’’.
(d) EFFECTIVE DATE.—The amendments ‘‘(9) the term ‘covered worker protection (e) LENDER SAFE HARBOR.—Subsection (h)
made by this section shall take effect as if expenditure’— of section 1106 of the CARES Act (15 U.S.C.
included in the enactment of the CARES Act ‘‘(A) means an operating or a capital ex- 9005) is amended to read as follows:
(15 U.S.C. 9001 note). penditure that is required to facilitate the ‘‘(h) HOLD HARMLESS.—
TITLE IV—SMALL BUSINESS PROGRAMS adaptation of the business activities of an ‘‘(1) IN GENERAL.—A lender may rely on
SEC. 4001. SMALL BUSINESS RECOVERY. entity to comply with requirements estab- any certification or documentation sub-
(a) SHORT TITLE.—This section may be lished or guidance issued by the Department mitted by an applicant for a covered loan or
cited as the ‘‘Continuing the Paycheck Pro- of Health and Human Services, the Centers an eligible recipient of a covered loan that—
tection Program Act’’. for Disease Control, or the Occupational ‘‘(A) is submitted pursuant to any statu-
(b) DEFINITIONS.—In this section: Safety and Health Administration during the tory requirement relating to covered loans
(1) ADMINISTRATION; ADMINISTRATOR.—The period beginning on March 1, 2020 and ending or any rule or guidance issued to carry out
terms ‘‘Administration’’ and ‘‘Adminis- December 31, 2020 related to the maintenance any action relating to covered loans; and
trator’’ mean the Small Business Adminis- of standards for sanitation, social ‘‘(B) attests that the applicant or eligible
tration and the Administrator thereof, re- distancing, or any other worker or customer recipient, as applicable, has accurately
spectively. safety requirement related to COVID–19; verified any certification or documentation
(2) SMALL BUSINESS CONCERN.—The term ‘‘(B) may include— provided to the lender.
‘‘small business concern’’ has the meaning ‘‘(i) the purchase, maintenance, or renova- ‘‘(2) NO ENFORCEMENT ACTION.—With re-
given the term in section 3 of the Small tion of assets that create or expand— spect to a lender that relies on a certifi-
Business Act (15 U.S.C. 632). ‘‘(I) a drive-through window facility; cation or documentation described in para-
(c) EMERGENCY RULEMAKING AUTHORITY.— ‘‘(II) an indoor, outdoor, or combined air or graph (1)—
Not later than 30 days after the date of en- air pressure ventilation or filtration system; ‘‘(A) an enforcement action may not be
actment of this Act, the Administrator shall ‘‘(III) a physical barrier such as a sneeze taken against the lender acting in good faith
issue regulations to carry out this section guard; relating to origination or forgiveness of a
and the amendments made by this section ‘‘(IV) an indoor, outdoor, or combined com- covered loan based on such reliance; and
without regard to the notice requirements mercial real property; ‘‘(B) the lender acting in good faith shall
under section 553(b) of title 5, United States ‘‘(V) an onsite or offsite health screening not be subject to any penalties relating to
Code. capability; or origination or forgiveness of a covered loan
(d) ADDITIONAL ELIGIBLE EXPENSES.— ‘‘(VI) other assets relating to the compli- based on such reliance.’’.
(1) ALLOWABLE USE OF PPP LOAN.—Section ance with the requirements or guidance de- (f) SELECTION OF COVERED PERIOD FOR FOR-
7(a)(36)(F)(i) of the Small Business Act (15 scribed in subparagraph (A), as determined GIVENESS.—Section 1106 of the CARES Act
U.S.C. 636(a)(36)(F)(i)) is amended— by the Administrator in consultation with (15 U.S.C. 9005) is amended—
(A) in subclause (VI), by striking ‘‘and’’ at the Secretary of Health and Human Services (1) by amending paragraph (4) of subsection
the end; and the Secretary of Labor; and (a), as so redesignated by subsection (d) of
(B) in subclause (VII), by striking the pe- ‘‘(ii) the purchase of— this section, to read as follows:
riod at the end and inserting a semicolon; ‘‘(I) covered materials described in section ‘‘(4) the term ‘covered period’ means the
and 328.103(a) of title 44, Code of Federal Regula- period—
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(C) by adding at the end the following: tions, or any successor regulation; ‘‘(A) beginning on the date of the origina-
‘‘(VIII) covered operations expenditures, as ‘‘(II) particulate filtering facepiece res- tion of a covered loan; and
defined in section 1106(a) of the CARES Act pirators approved by the National Institute ‘‘(B) ending on a date selected by the eligi-
(15 U.S.C. 9005(a)); for Occupational Safety and Health, includ- ble recipient of the covered loan that occurs
‘‘(IX) covered property damage costs, as ing those approved only for emergency use during the period—
defined in such section 1106(a); authorization; or ‘‘(i) beginning on the date that is 8 weeks
‘‘(X) covered supplier costs, as defined in ‘‘(III) other kinds of personal protective after such date of origination; and
such section 1106(a); and equipment, as determined by the Adminis- ‘‘(ii) ending on December 31, 2020;’’; and
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5961
(2) by striking subsection (l). year period following submission of the ap- entity’ shall be substituted for ‘eligible re-
(g) SIMPLIFIED APPLICATION.—Section 1106 plication; and cipient’ each place it appears in the defini-
of the CARES Act (15 U.S.C. 9005), as amend- ‘‘(bb) all other supporting documentation tions of those terms;
ed by subsection (f) of this section, is amend- relevant to the application for loan forgive- ‘‘(ii) the term ‘covered loan’ means a loan
ed— ness for the 3-year period following submis- made under this paragraph;
(1) in subsection (e), in the matter pre- sion of the application; and ‘‘(iii) the terms ‘covered mortgage obliga-
ceding paragraph (1), by striking ‘‘An eligi- ‘‘(III) may complete and submit any form tion’, ‘covered operating expenditure’, ‘cov-
ble’’ and inserting ‘‘Except as provided in related to borrower demographic informa- ered property damage cost’, ‘covered rent ob-
subsection (l), an eligible’’; tion; ligation’, ‘covered supplier cost’, ‘covered
(2) in subsection (f), by inserting ‘‘or the ‘‘(ii) review by the lender of an application utility payment’, and ‘covered worker pro-
information required under subsection (l), as submitted by the eligible recipient for loan tection expenditure’ have the meanings
applicable’’ after ‘‘subsection (e)’’; and forgiveness under this section shall be lim- given those terms in section 1106(a) of the
(3) by adding at the end the following: ited to whether the lender received a com- CARES Act (15 U.S.C. 9005(a));
‘‘(l) SIMPLIFIED APPLICATION.— plete application, with all fields completed, ‘‘(iv) the term ‘covered period’ means the
‘‘(1) COVERED LOANS UNDER $150,000.— initialed, or signed, as applicable; and period beginning on the date of the origina-
‘‘(A) IN GENERAL.—Notwithstanding sub- ‘‘(iii) the lender shall— tion of a covered loan and ending on Decem-
section (e), with respect to a covered loan ‘‘(I) accept the application submitted by ber 31, 2020;
made to an eligible recipient that is not the eligible recipient for loan forgiveness ‘‘(v) the term ‘eligible entity’—
more than $150,000, the covered loan amount under this section; and ‘‘(I) means any business concern, nonprofit
shall be forgiven under this section if the eli- ‘‘(II) submit the application to the Admin- organization, veterans organization, Tribal
gible recipient— istrator. business concern, eligible self-employed indi-
‘‘(i) signs and submits to the lender a one- ‘‘(B) AUDIT.—The Administrator may— vidual, sole proprietor, independent con-
page online or paper form, to be established ‘‘(i) review and audit covered loans de- tractor, or small agricultural cooperative
by the Administrator not later than 7 days scribed in subparagraph (A); and that—
after the date of enactment of the Con- ‘‘(ii) in the case of fraud, ineligibility, or ‘‘(aa)(AA) with respect to a business con-
tinuing the Paycheck Protection Program other material noncompliance with applica- cern, would qualify as a small business con-
Act, that— ble loan or loan forgiveness requirements, cern by the annual receipts size standard (if
‘‘(I) reports the amount of the covered loan modify— applicable) established by section 121.201 of
amount spent by the eligible recipient— ‘‘(I) the amount of a covered loan described title 13, Code of Federal Regulations, or any
‘‘(aa) on payroll costs; and in subparagraph (A); or successor regulation; or
‘‘(bb) on the sum of— ‘‘(II) the loan forgiveness amount with re- ‘‘(BB) if the entity does not qualify as a
‘‘(AA) payments of interest on any covered spect to a covered loan described in subpara- small business concern, meets the alter-
mortgage obligation (which shall not include graph (A). native size standard established under sec-
any prepayment of or payment of principal ‘‘(3) AUDIT PLAN.— tion 3(a)(5);
on a covered mortgage obligation); ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(bb) employs not more than 300 employ-
‘‘(BB) payments on any covered rent obli- after the date of enactment of the Con- ees; and
gation; tinuing the Paycheck Protection Program ‘‘(cc)(AA) except as provided in subitems
‘‘(CC) covered utility payments; Act, the Administrator shall submit to the (BB), (CC), and (DD), had gross receipts dur-
‘‘(DD) covered operations expenditures; Committee on Small Business and Entrepre- ing the first or second quarter in 2020 that
‘‘(EE) covered property damage costs; neurship of the Senate and the Committee are not less than 35 percent less than the
‘‘(FF) covered supplier costs; and on Small Business of the House of Represent- gross receipts of the entity during the same
‘‘(GG) covered worker protection expendi- atives an audit plan that details— quarter in 2019;
tures; and ‘‘(i) the policies and procedures of the Ad- ‘‘(BB) if the entity was not in business dur-
‘‘(II) attests that the eligible recipient ministrator for conducting reviews and au- ing the first or second quarter of 2019, but
made a good faith effort to comply with the dits of covered loans; and was in business during the third and fourth
requirements under section 7(a)(36) of the ‘‘(ii) the metrics that the Administrator quarter of 2019, had gross receipts during the
Small Business Act (15 U.S.C. 636(a)(36)); and shall use to determine which covered loans first or second quarter of 2020 that are less
‘‘(ii) retains records relevant to the form will be audited for each category of covered than 35 percent of the amount of the gross
that prove compliance with those require- loans described in paragraphs (1) and (2). receipts of the entity during the third or
ments— ‘‘(B) REPORTS.—Not later than 30 days fourth quarter of 2019;
‘‘(I) with respect to employment records, after the date on which the Administrator ‘‘(CC) if the entity was not in business dur-
for the 4-year period following submission of submits the audit plan required under sub- ing the first, second, or third quarter of 2019,
the form; and paragraph (A), and each month thereafter, but was in business during the fourth quarter
‘‘(II) with respect to other records, for the the Administrator shall submit to the Com- of 2019, had gross receipts during the first or
3-year period following submission of the mittee on Small Business and Entrepreneur- second quarter of 2020 that are less than 35
form. ship of the Senate and the Committee on percent of the amount of the gross receipts
‘‘(B) DEMOGRAPHIC INFORMATION.—An eligi- Small Business of the House of Representa- of the entity during the fourth quarter of
ble recipient of a covered loan described in tives a report on the review and audit activi- 2019; or
subparagraph (A) may complete and submit ties of the Administrator under this sub- ‘‘(DD) if the entity was not in business dur-
any form related to borrower demographic section, which shall include— ing 2019, but was in operation on February
information. ‘‘(i) the number of active reviews and au- 15, 2020, had gross receipts during the second
‘‘(C) AUDIT.—The Administrator may— dits; quarter of 2020 that are less than 35 percent
‘‘(i) review and audit covered loans de- ‘‘(ii) the number of reviews and audits that of the amount of the gross receipts of the en-
scribed in subparagraph (A); and have been ongoing for more than 60 days; and tity during the first quarter of 2020;
‘‘(ii) in the case of fraud, ineligibility, or ‘‘(iii) any substantial changes made to the ‘‘(II) includes an organization described in
other material noncompliance with applica- audit plan submitted under subparagraph subparagraph (D)(vii) of paragraph (36) that
ble loan or loan forgiveness requirements, (A).’’. is eligible to receive a loan under that para-
modify— (h) GROUP INSURANCE PAYMENTS AS PAY- graph and that meets the requirements de-
‘‘(I) the amount of a covered loan described ROLL COSTS.—Section scribed in items (aa) and (cc) of subclause (I);
in subparagraph (A); or 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Busi- and
‘‘(II) the loan forgiveness amount with re- ness Act (15 U.S.C. ‘‘(III) does not include—
spect to a covered loan described in subpara- 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by ‘‘(aa) an issuer, the securities of which are
graph (A). inserting ‘‘and other group insurance’’ before listed on an exchange registered a national
‘‘(2) COVERED LOANS BETWEEN $150,000 AND ‘‘benefits’’. securities exchange under section 6 of the
$2,000,000.— (i) PAYCHECK PROTECTION PROGRAM SECOND Securities Exchange Act of 1934 (15 U.S.C.
‘‘(A) IN GENERAL.—Notwithstanding sub- DRAW LOANS.—Section 7(a) of the Small 78f);
section (e), with respect to a covered loan Business Act (15 U.S.C. 636(a)) is amended by ‘‘(bb) any entity that—
made to an eligible recipient that is more adding at the end the following: ‘‘(AA) is a type of business concern de-
than $150,000 and not more than $2,000,000— ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- scribed in subsection (b), (c), (d), (e), (f), (h),
‘‘(i) the eligible recipient seeking loan for- OND DRAW LOANS.— (l) (m), (p), (q), (r), or (s) of section 120.110 of
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giveness under this section— ‘‘(A) DEFINITIONS.—In this paragraph— title 13, Code of Federal Regulations, or any
‘‘(I) is not required to submit the sup- ‘‘(i) the terms ‘community financial insti- successor regulation;
porting documentation described in para- tutions’, ‘credit union’, ‘eligible self-em- ‘‘(BB) is a type of business concern de-
graph (1) or (2) of subsection (e) or the cer- ployed individual’, ‘insured depository insti- scribed in section 120.110(g) of title 13, Code
tification described in subsection (e)(3)(A); tution’, ‘nonprofit organization’, ‘payroll of Federal Regulations, or any successor reg-
‘‘(II) shall retain— costs’, ‘seasonal employer’, and ‘veterans or- ulation, except as otherwise provided in the
‘‘(aa) all employment records relevant to ganization’ have the meanings given those interim final rule of the Administration en-
the application for loan forgiveness for the 4- terms in paragraph (36), except that ‘eligible titled ‘Business Loan Program Temporary
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S5962 CONGRESSIONAL RECORD — SENATE September 30, 2020
Changes; Paycheck Protection Program—Ad- ‘‘(i) IN GENERAL.—Except as otherwise pro- Regulations, or any successor regulation,
ditional Eligibility Criteria and Require- vided in this subparagraph, the maximum shall not apply to a covered loan.
ments for Certain Pledges of Loans’ (85 Fed. amount of a covered loan made to an eligible ‘‘(G) GROSS RECEIPTS FOR NONPROFIT AND
Reg. 21747 (April 20, 2020)); entity is the lesser of— VETERANS ORGANIZATIONS.—For purposes of
‘‘(CC) is a type of business concern de- ‘‘(I) the product obtained by multiplying— calculating gross receipts under subpara-
scribed in section 120.110(i) of title 13, Code of ‘‘(aa) at the election of the eligible entity, graph (A)(v)(I)(cc) for an eligible entity that
Federal Regulations, or any successor regu- the average total monthly payment for pay- is a nonprofit organization, a veterans orga-
lation, except if the business concern is an roll costs incurred or paid by the eligible en- nization, or an organization described in sub-
organization described in paragraph tity during— paragraph (A)(v)(II), gross receipts—
(36)(D)(vii); ‘‘(AA) the 1-year period before the date on ‘‘(i) shall include proceeds from fund-
‘‘(DD) is a type of business concern de- which the loan is made; or raising events, federated campaigns, gifts,
scribed in section 120.110(j) of title 13, Code of ‘‘(BB) calendar year 2019; by donor-advised funds, and funds from similar
Federal Regulations, or any successor regu- ‘‘(bb) 2.5; or sources; and
lation, except as otherwise provided in the ‘‘(II) $2,000,000. ‘‘(ii) shall not include—
interim final rules of the Administration en- ‘‘(ii) SEASONAL EMPLOYERS.—The maximum ‘‘(I) Federal grants (excluding any loan for-
titled ‘Business Loan Program Temporary amount of a covered loan made to an eligible giveness on loans received under paragraph
Changes; Paycheck Protection Program— entity that is a seasonal employer is the (36) or this paragraph);
Eligibility of Certain Electric Cooperatives’ lesser of— ‘‘(II) revenues from a supporting organiza-
(85 Fed. Reg. 29847 (May 19, 2020)) and ‘Busi-
‘‘(I) the product obtained by multiplying— tion;
ness Loan Program Temporary Changes;
‘‘(aa) at the election of the eligible entity, ‘‘(III) grants from private foundations that
Paycheck Protection Program—Eligibility
the average total monthly payments for pay- are disbursed over the course of more than 1
of Certain Telephone Cooperatives’ (85 Fed.
roll costs incurred or paid by the eligible en- calendar year; or
Reg. 35550 (June 11, 2020)) or any other guid-
tity— ‘‘(IV) any contribution of property other
ance or rule issued or that may be issued by
‘‘(AA) for a 12-week period beginning Feb- than money, stocks, bonds, and other securi-
the Administrator;
ruary 15, 2019 or March 1, 2019 and ending ties, provided that the non-cash contribution
‘‘(EE) is a type of business concern de-
scribed in section 120.110(n) of title 13, Code June 30, 2019; or is not sold by the organization in a trans-
of Federal Regulations, or any successor reg- ‘‘(BB) for a consecutive 12-week period be- action unrelated to the tax-exempt purpose
ulation, except as otherwise provided in the tween May 1, 2019 and September 15, 2019; by of the organization.
interim final rule of the Administration en- ‘‘(bb) 2.5; or ‘‘(H) LOAN FORGIVENESS.—
titled ‘Business Loan Program Temporary ‘‘(II) $2,000,000. ‘‘(i) IN GENERAL.—Except as otherwise pro-
‘‘(iii) NEW ENTITIES.—The maximum vided in this subparagraph, an eligible entity
Changes; Paycheck Protection Program—Ad-
ditional Eligibility Revisions to First In- amount of a covered loan made to an eligible shall be eligible for forgiveness of indebted-
terim Final Rule’ (85 Fed. Reg. 38301 (June entity that did not exist during the 1-year ness on a covered loan in the same manner
26, 2020)) or any other guidance or rule issued period preceding February 15, 2020 is the less- as an eligible recipient with respect to a loan
or that may be issued by the Administrator; er of— made under paragraph (36), as described in
‘‘(FF) is a type of business concern de- ‘‘(I) the product obtained by multiplying— section 1106 of the CARES Act (15 U.S.C.
scribed in section 120.110(o) of title 13, Code ‘‘(aa) the quotient obtained by dividing— 9005).
of Federal Regulations, or any successor reg- ‘‘(AA) the sum of the total monthly pay- ‘‘(ii) FORGIVENESS AMOUNT.—An eligible en-
ulation, except as otherwise provided in any ments by the eligible entity for payroll costs tity shall be eligible for forgiveness of in-
guidance or rule issued or that may be issued paid or incurred by the eligible entity as of debtedness on a covered loan in an amount
by the Administrator; or the date on which the eligible entity applies equal to the sum of the following costs in-
‘‘(GG) is an entity that would be described for the covered loan; by curred or expenditures made during the cov-
in the subsections listed in subitems (AA) ‘‘(BB) the number of months in which ered period:
through (FF) if the entity were a business those payroll costs were paid or incurred; by ‘‘(I) Payroll costs.
concern; or ‘‘(bb) 2.5; or ‘‘(II) Any payment of interest on any cov-
‘‘(HH) is assigned, or was approved for a ‘‘(II) $2,000,000. ered mortgage obligation (which shall not in-
loan under paragraph (36) with, a North ‘‘(iv) LIMIT FOR MULTIPLE LOCATIONS.—With clude any prepayment of or payment of prin-
American Industry Classification System respect to an eligible entity with more than cipal on a covered mortgage obligation).
code beginning with 52; 1 physical location, the total amount of all ‘‘(III) Any covered operations expenditure.
‘‘(cc) any business concern or entity pri- covered loans shall be not more than ‘‘(IV) Any covered property damage cost.
marily engaged in political or lobbying ac- $2,000,000. ‘‘(V) Any payment on any covered rent ob-
tivities, which shall include any entity that ‘‘(v) LOAN NUMBER LIMITATION.—An eligible ligation.
is organized for research or for engaging in entity may only receive 1 covered loan. ‘‘(VI) Any covered utility payment.
advocacy in areas such as public policy or ‘‘(vi) 90 DAY RULE FOR MAXIMUM LOAN ‘‘(VII) Any covered supplier cost.
political strategy or otherwise describes AMOUNT.—The maximum aggregate loan ‘‘(VIII) Any covered worker protection ex-
itself as a think tank in any public docu- amount of loans guaranteed under this sub- penditure.
ments; or section that are approved for an eligible en- ‘‘(iii) LIMITATION ON FORGIVENESS FOR ALL
‘‘(dd) any business concern or entity— tity (including any affiliates) within 90 days ELIGIBLE ENTITIES.—The forgiveness amount
‘‘(AA) for which an entity created in or or- of approval of another loan under this sub- under this subparagraph shall be equal to the
ganized under the laws of the People’s Re- section for the eligible entity (including any lesser of—
public of China or the Special Administra- affiliates) shall not exceed $10,000,000. ‘‘(I) the amount described in clause (ii);
tive Region of Hong Kong, or that has sig- ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- and
nificant operations in the People’s Republic CATION REQUIREMENTS.—An eligible entity ‘‘(II) the amount equal to the quotient ob-
of China or the Special Administrative Re- applying for a covered loan shall not be re- tained by dividing—
gion of Hong Kong, owns or holds, directly or quired to make the certification described in ‘‘(aa) the amount of the covered loan used
indirectly, not less than 20 percent of the subclause (III) or (IV) of paragraph (36)(G)(i). for payroll costs during the covered period;
economic interest of the business concern or ‘‘(E) FEE WAIVER.—With respect to a cov- and
entity, including as equity shares or a cap- ered loan— ‘‘(bb) 0.60.
ital or profit interest in a limited liability ‘‘(i) in lieu of the fee otherwise applicable ‘‘(I) LENDER ELIGIBILITY.—Except as other-
company or partnership; or under paragraph (23)(A), the Administrator wise provided in this paragraph, a lender ap-
‘‘(BB) that retains, as a member of the shall collect no fee; and proved to make loans under paragraph (36)
board of directors of the business concern, a ‘‘(ii) in lieu of the fee otherwise applicable may make covered loans under the same
person who is a resident of the People’s Re- under paragraph (18)(A), the Administrator terms and conditions as in paragraph (36).
public of China; shall collect no fee. ‘‘(J) REIMBURSEMENT FOR LOAN PROCESSING
‘‘(vi) the terms ‘exchange’, ‘issuer’, and ‘se- ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS OR- AND SERVICING.—The Administrator shall re-
curity’ have the meanings given those terms GANIZATIONS.— imburse a lender authorized to make a cov-
in section 3(a) of the Securities Exchange ‘‘(i) SENSE OF CONGRESS.—It is the sense of ered loan in an amount that is—
Act of 1934 (15 U.S.C. 78c(a)); and Congress that the interim final rule of the ‘‘(i) 3 percent of the principal amount of
‘‘(vii) the term ‘Tribal business concern’ Administration entitled ‘Business Loan Pro- the financing of the covered loan up to
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means a Tribal business concern described in gram Temporary Changes; Paycheck Protec- $350,000; and
section 31(b)(2)(C). tion Program’ (85 Fed. Reg. 20817 (April 15, ‘‘(ii) 1 percent of the principal amount of
‘‘(B) LOANS.—Except as otherwise provided 2020)) properly clarified the eligibility of the financing of the covered loan above
in this paragraph, the Administrator may churches and religious organizations for $350,000, if applicable.
guarantee covered loans to eligible entities loans made under paragraph (36). ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—Not
under the same terms, conditions, and proc- ‘‘(ii) APPLICABILITY OF PROHIBITION.—The less than $25,000,000,000 of the total amount
esses as a loan made under paragraph (36). prohibition on eligibility established by sec- of covered loans guaranteed by the Adminis-
‘‘(C) MAXIMUM LOAN AMOUNT.— tion 120.110(k) of title 13, Code of Federal trator shall be made to eligible entities with
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5963
not more than 10 employees as of February an increase in the covered loan amount even (A) APPLICABLE RULES.—Solely with re-
15, 2020. if— spect to loans under paragraphs (36) and (37)
‘‘(L) SET ASIDE FOR COMMUNITY FINANCIAL (A) the initial covered loan amount has of section 7(a) of the Small Business Act (15
INSTITUTIONS, SMALL INSURED DEPOSITORY IN- been fully disbursed; or U.S.C. 636(a)), Farm Credit Administration
STITUTIONS, CREDIT UNIONS, AND FARM CREDIT (B) the lender of the initial covered loan regulations and guidance issued as of July
SYSTEM INSTITUTIONS.—Not less than has submitted to the Administration a Form 14, 2020, and compliance with such regula-
$10,000,000,000 of the total amount of covered 1502 report related to the covered loan. tions and guidance, shall be deemed func-
loans guaranteed by the Administrator shall (l) CALCULATION OF MAXIMUM LOAN AMOUNT tionally equivalent to requirements ref-
be made by— FOR FARMERS AND RANCHERS UNDER THE PAY- erenced in section 3(a)(iii)(II) of the interim
‘‘(i) community financial institutions; CHECK PROTECTION PROGRAM.— final rule of the Administration entitled
‘‘(ii) insured depository institutions with (1) IN GENERAL.—Section 7(a)(36) of the ‘‘Business Loan Program Temporary
consolidated assets of less than Small Business Act (15 U.S.C. 636(a)(36)), as Changes; Paycheck Protection Program’’ (85
$10,000,000,000; amended by subsection (j) of this section, is Fed. Reg. 20811 (April 15, 2020)) or any similar
‘‘(iii) credit unions with consolidated as- amended— requirement referenced in that interim final
sets of less than $10,000,000,000; and (A) in subparagraph (E), in the matter pre- rule in implementing such paragraph (37).
‘‘(iv) institutions of the Farm Credit Sys- ceding clause (i), by striking ‘‘During’’ and (B) APPLICABILITY OF CERTAIN LOAN RE-
tem chartered under the Farm Credit Act of inserting ‘‘Except as provided in subpara- QUIREMENTS.—For purposes of making loans
1971 (12 U.S.C. 2001 et seq.) with consolidated graph (T), during’’; and under paragraph (36) or (37) of section 7(a) of
assets of less than $10,000,000,000 (not includ- (B) by adding at the end the following: the Small Business Act (15 U.S.C. 636(a)) or
ing the Federal Agricultural Mortgage Cor- ‘‘(T) CALCULATION OF MAXIMUM LOAN forgiving those loans in accordance with sec-
poration). AMOUNT FOR FARMERS AND RANCHERS.—
tion 1106 of the CARES Act (15 U.S.C. 9005)
‘‘(M) PUBLICATION OF GUIDANCE.—Not later ‘‘(i) DEFINITION.—In this subparagraph, the and subparagraph (H) of such paragraph (37),
than 10 days after the date of enactment of term ‘covered recipient’ means an eligible sections 4.13, 4.14, and 4.14A of the Farm
this paragraph, the Administrator shall issue recipient that— Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a)
guidance addressing barriers to accessing ‘‘(I) operates as a sole proprietorship or as (including regulations issued under those
capital for minority, underserved, veteran, an independent contractor, or is an eligible sections) shall not apply.
and women-owned business concerns for the (C) RISK WEIGHT.—
self-employed individual;
purpose of ensuring equitable access to cov- (i) IN GENERAL.—With respect to the appli-
‘‘(II) reports farm income or expenses on a
ered loans. cation of Farm Credit Administration cap-
Schedule F (or any equivalent successor
‘‘(N) STANDARD OPERATING PROCEDURE.— ital requirements, a loan described in clause
schedule); and
The Administrator shall, to the maximum (ii)—
‘‘(III) was in business during the period be-
extent practicable, allow a lender approved (I) shall receive a risk weight of zero per-
ginning on February 15, 2019 and ending on
to make covered loans to use existing pro- cent; and
June 30, 2019.
gram guidance and standard operating proce- (II) shall not be included in the calculation
‘‘(ii) NO EMPLOYEES.—With respect to cov-
dures for loans made under this subsection. of any applicable leverage ratio or other ap-
ered recipient without employees, the max-
plicable capital ratio or calculation.
‘‘(O) PROHIBITION ON USE OF PROCEEDS FOR imum covered loan amount shall be the less- (ii) LOANS DESCRIBED.—A loan referred to
LOBBYING ACTIVITIES.—None of the proceeds er of— in clause (i) is—
of a covered loan may be used for— ‘‘(I) the sum of— (I) a loan made by a Farm Credit Bank de-
‘‘(i) lobbying activities, as defined in sec- ‘‘(aa) the product obtained by multi- scribed in section 1.2(a) of the Farm Credit
tion 3 of the Lobbying Disclosure Act of 1995 plying— Act of 1971 (12 U.S.C. 2002(a)) to a Federal
(2 U.S.C. 1602); ‘‘(AA) the gross income of the covered re- Land Bank Association, a Production Credit
‘‘(ii) lobbying expenditures related to a cipient in 2019, as reported on a Schedule F Association, or an agricultural credit asso-
State or local election; or (or any equivalent successor schedule), that ciation described in that section to make
‘‘(iii) expenditures designed to influence is not more than $100,000, divided by 12; and loans under paragraph (36) or (37) of section
the enactment of legislation, appropriations, ‘‘(BB) 2.5; and 7(a) of the Small Business Act (15 U.S.C.
regulation, administrative action, or Execu- ‘‘(bb) the outstanding amount of a loan 636(a)) or forgive those loans in accordance
tive order proposed or pending before Con- under subsection (b)(2) that was made during with section 1106 of the CARES Act (15
gress or any State government, State legis- the period beginning on January 31, 2020 and U.S.C. 9005) and subparagraph (H) of such
lature, or local legislature or legislative ending on April 3, 2020 that the borrower in- paragraph (37); or
body.’’. tends to refinance under the covered loan, (II) a loan made by a Federal Land Bank
(j) CONTINUED ACCESS TO THE PAYCHECK not including any amount of any advance Association, a Production Credit Associa-
PROTECTION PROGRAM.— under the loan that is not required to be re- tion, an agricultural credit association, or
(1) IN GENERAL.—Section 7(a)(36)(E)(ii) of paid; or the bank for cooperatives described in sec-
the Small Business Act (15 U.S.C. ‘‘(II) $2,000,000. tion 1.2(a) of the Farm Credit Act of 1971 (12
636(a)(36)(E)(ii)) is amended by striking ‘‘(iii) WITH EMPLOYEES.—With respect to a U.S.C. 2002(a)) under paragraph (36) or (37) of
‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. covered recipient with employees, the max- section 7(a) of the Small Business Act (15
(2) APPLICABILITY OF MAXIMUM LOAN imum covered loan amount shall be cal- U.S.C. 636(a)).
AMOUNT CALCULATION.— culated using the formula described in sub- (D) RESERVATION OF LOAN GUARANTEES.—
(A) DEFINITIONS.—In this paragraph, the paragraph (E), except that the gross income Section 7(a)(36)(S) of the Small Business Act
terms ‘‘covered loan’’ and ‘‘eligible recipi- of the covered recipient described in clause (15 U.S.C. 636(a)(36)(S)) is amended—
ent’’ have the meanings given those terms in (ii)(I)(aa)(AA) of this subparagraph, as di- (i) in clause (i)—
section 7(a)(36) of the Small Business Act (15 vided by 12, shall be added to the sum cal- (I) in subclause (I), by striking ‘‘and’’ at
U.S.C. 636(a)(36)). culated under subparagraph (E)(i)(I). the end;
(B) APPLICABILITY.—The amendment made ‘‘(iv) RECALCULATION.—A lender that made (II) in subclause (II), by striking the period
by paragraph (1) shall apply only with re- a covered loan to a covered recipient before at the end and inserting ‘‘; and’’; and
spect to a covered loan applied for by an eli- the date of enactment of this subparagraph (III) by adding at the end the following:
gible recipient on or after the date of enact- may, at the request of the covered recipi- ‘‘(III) institutions of the Farm Credit Sys-
ment of this Act. ent— tem chartered under the Farm Credit Act of
(k) INCREASED ABILITY FOR PAYCHECK PRO- ‘‘(I) recalculate the maximum loan amount 1971 (12 U.S.C. 2001 et seq.) with consolidated
TECTION PROGRAM BORROWERS TO REQUEST AN applicable to that covered loan based on the assets of not less than $10,000,000,000 and less
INCREASE IN LOAN AMOUNT DUE TO UPDATED formula described in clause (ii) or (iii), as ap- than $50,000,000,000.’’; and
REGULATIONS.— plicable, if doing so would result in a larger (ii) in clause (ii)—
(1) DEFINITIONS.—In this subsection, the covered loan amount; and (I) in subclause (II), by striking ‘‘and’’ at
terms ‘‘covered loan’’ and ‘‘eligible recipi- ‘‘(II) provide the covered recipient with ad- the end;
ent’’ have the meanings given those terms in ditional covered loan amounts based on that (II) in subclause (III), by striking the pe-
section 7(a)(36) of the Small Business Act (15 recalculation.’’. riod at the end and inserting ‘‘; and’’; and
U.S.C. 636(a)(36)). (m) FARM CREDIT SYSTEM INSTITUTIONS.— (III) by adding at the end the following:
(2) INCREASED AMOUNT.—Notwithstanding (1) DEFINITION OF FARM CREDIT SYSTEM IN- ‘‘(IV) institutions of the Farm Credit Sys-
the interim final rule issued by the Adminis- STITUTION.—In this subsection, the term tem chartered under the Farm Credit Act of
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tration entitled ‘‘Business Loan Program ‘‘Farm Credit System institution’’— 1971 (12 U.S.C. 2001 et seq.) with consolidated
Temporary Changes; Paycheck Protection (A) means an institution of the Farm Cred- assets of less than $10,000,000,000.’’.
Program—Loan Increases’’ (85 Fed. Reg. it System chartered under the Farm Credit (n) DEFINITION OF SEASONAL EMPLOYER.—
29842 (May 19, 2020)), an eligible recipient of Act of 1971 (12 U.S.C. 2001 et seq.); and (1) PPP LOANS.—Section 7(a)(36)(A) of the
a covered loan that is eligible for an in- (B) does not include the Federal Agricul- Small Business Act (15 U.S.C. 636(a)(36)(A)) is
creased covered loan amount as a result of tural Mortgage Corporation. amended—
any interim final rule that allows for cov- (2) FACILITATION OF PARTICIPATION IN PPP (A) in clause (xi), by striking ‘‘and’’ at the
ered loan increases may submit a request for AND SECOND DRAW LOANS.— end;
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S5964 CONGRESSIONAL RECORD — SENATE September 30, 2020
(B) in clause (xii), by striking the period at ‘‘(I) lobbying activities, as defined in sec- (5) CONFIRMATION OF PLAN FOR INDIVID-
the end and inserting ‘‘; and’’; and tion 3 of the Lobbying Disclosure Act of 1995 UALS.—Section 1325 of title 11, United States
(C) by adding at the end the following: (2 U.S.C. 1602); Code, is amended by adding at the end the
‘‘(xiii) the term ‘seasonal employer’ means ‘‘(II) lobbying expenditures related to a following:
an eligible recipient that— State or local election; or ‘‘(d) Notwithstanding section 1322(a)(2) of
‘‘(I) does not operate for more than 7 ‘‘(III) expenditures designed to influence this title and subsection (b)(1) of this sec-
months in any calendar year; or the enactment of legislation, appropriations, tion, a plan that provides for payment of a
‘‘(II) during the preceding calendar year, regulation, administrative action, or Execu- claim of a kind specified in section 503(b)(10)
had gross receipts for any 6 months of that tive order proposed or pending before Con- of this title may be confirmed if the plan
year that were not more than 33.33 percent of gress or any State government, State legis- proposes to make payments on account of
the gross receipts of the employer for the lature, or local legislature or legislative such claim when due under the terms of the
other 6 months of that year.’’. body.’’. loan giving rise to such claim.’’.
(2) LOAN FORGIVENESS.—Paragraph (12) of (q) EFFECTIVE DATE; APPLICABILITY.—The (6) EFFECTIVE DATE; SUNSET.—
section 1106(a) of the CARES Act (15 U.S.C. amendments made to paragraph (36) of sec- (A) EFFECTIVE DATE.—The amendments
9005(a)), as so redesignated by subsection tion 7(a) of the Small Business Act (15 U.S.C. made by paragraphs (1) through (5) shall—
(d)(2) of this section, is amended to read as 636(a)) and title I of the CARES Act (Public (i) take effect on the date on which the Ad-
follows: Law 116–136) under this section shall be effec- ministrator submits to the Director of the
‘‘(12) the terms ‘payroll costs’ and ‘sea- tive as if included in the CARES Act and Executive Office for United States Trustees a
sonal employer’ have the meanings given shall apply to any loan made pursuant to written determination that, subject to satis-
those terms in section 7(a)(36) of the Small section 7(a)(36) of the Small Business Act (15 fying any other eligibility requirements, any
Business Act (15 U.S.C. 636(a)(36)).’’. U.S.C. 636(a)(36)). debtor in possession or trustee that is au-
(r) BANKRUPTCY PROVISIONS.— thorized to operate the business of the debt-
(o) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS (1) IN GENERAL.—Section 364 of title 11, or under section 1183, 1184, 1203, 1204, or 1304
FOR LOANS UNDER THE PAYCHECK PROTECTION United States Code, is amended by adding at of title 11, United States Code, would be eli-
PROGRAM.—Section 7(a)(36)(D) of the Small the end the following: gible for a loan under paragraphs (36) and (37)
Business Act (15 U.S.C. 636(a)(36)(D)) is ‘‘(g)(1) The court, after notice and a hear- of section 7(a) of the Small Business Act (15
amended— ing, may authorize a debtor in possession or U.S.C. 636(a)); and
(1) in clause (v), by inserting ‘‘or whether a trustee that is authorized to operate the (ii) apply to any case pending on or com-
an organization described in clause (vii) em- business of the debtor under section 1183, menced on or after the date described in
ploys not more than 150 employees,’’ after 1184, 1203, 1204, or 1304 of this title to obtain clause (i).
‘‘clause (i)(I),’’; a loan under paragraph (36) or (37) of section (B) SUNSET.—
(2) in clause (vi), by inserting ‘‘, an organi- 7(a) of the Small Business Act (15 U.S.C. (i) IN GENERAL.—If the amendments made
zation described in clause (vii),’’ after ‘‘non- 636(a)), and such loan shall be treated as a by this subsection take effect under subpara-
profit organization’’; and debt to the extent the loan is not forgiven in graph (A), effective on the date that is 2
(3) by adding at the end the following: accordance with section 1106 of the CARES years after the date of enactment of this
‘‘(vii) ELIGIBILITY FOR CERTAIN 501(C)(6) OR- Act (15 U.S.C. 9005) or subparagraph (H) of Act—
GANIZATIONS.—
such paragraph (37), as applicable, with pri- (I) section 364 of title 11, United States
ority equal to a claim of the kind specified Code, is amended by striking subsection (g);
‘‘(I) IN GENERAL.—Except as provided in
in subsection (c)(1) of this section. (II) section 503(b) of title 11, United States
subclause (II), any organization that is de- ‘‘(2) The trustee may incur debt described
scribed in section 501(c)(6) of the Internal Code, is amended—
in paragraph (1) notwithstanding any provi- (aa) in paragraph (8)(B), by adding ‘‘and’’
Revenue Code and that is exempt from tax- sion in a contract, prior order authorizing
ation under section 501(a) of such Code (ex- at the end;
the trustee to incur debt under this section, (bb) in paragraph (9), by striking ‘‘; and’’ at
cluding professional sports leagues and orga- prior order authorizing the trustee to use
nizations with the purpose of promoting or the end and inserting a period; and
cash collateral under section 363, or applica- (cc) by striking paragraph (10);
participating in a political campaign or ble law that prohibits the debtor from incur-
other activity) shall be eligible to receive a (III) section 1191 of title 11, United States
ring additional debt.
covered loan if— Code, is amended by striking subsection (f);
‘‘(3) The court shall hold a hearing within
‘‘(aa) the organization does not receive 7 days after the filing and service of the mo- (IV) section 1225 of title 11, United States
more than 10 percent of its receipts from lob- tion to obtain a loan described in paragraph Code, is amended by striking subsection (d);
bying activities; (1). Notwithstanding the Federal Rules of and
‘‘(bb) the lobbying activities of the organi- Bankruptcy Procedure, at such hearing, the (V) section 1325 of title 11, United States
zation do not comprise more than 10 percent court may grant relief on a final basis.’’. Code, is amended by striking subsection (d).
of the total activities of the organization; (2) ALLOWANCE OF ADMINISTRATIVE EX- (ii) APPLICABILITY.—Notwithstanding the
and PENSES.—Section 503(b) of title 11, United amendments made by clause (i) of this sub-
‘‘(cc) the organization employs not more States Code, is amended— paragraph, if the amendments made by para-
than 150 employees. (A) in paragraph (8)(B), by striking ‘‘and’’ graphs (1), (2), (3), (4), and (5) take effect
‘‘(II) DESTINATION MARKETING ORGANIZA- at the end; under subparagraph (A) of this paragraph,
TIONS.—Notwithstanding subclause (I), dur- (B) in paragraph (9), by striking the period such amendments shall apply to any case
ing the covered period, any destination mar- at the end and inserting ‘‘; and’’; and under title 11, United States Code, com-
keting organization shall be eligible to re- (C) by adding at the end the following: menced before the date that is 2 years after
ceive a covered loan if— ‘‘(10) any debt incurred under section the date of enactment of this Act.
‘‘(aa) the destination marketing organiza- 364(g)(1) of this title.’’. (s) OVERSIGHT.—
tion does not receive more than 10 percent of (3) CONFIRMATION OF PLAN FOR REORGANIZA- (1) COMPLIANCE WITH OVERSIGHT REQUIRE-
MENTS.—
its receipts from lobbying activities; TION.—Section 1191 of title 11, United States
‘‘(bb) the lobbying activities of the destina- Code, is amended by adding at the end the (A) IN GENERAL.—Except as provided in
tion marketing organization do not comprise following: subparagraph (B), on and after the date of
more than 10 percent of the total activities ‘‘(f) SPECIAL PROVISION RELATED TO enactment of this Act, the Administrator
of the organization; COVID–19 PANDEMIC.—Notwithstanding sec- shall comply with any data or information
‘‘(cc) the destination marketing organiza- tion 1129(a)(9)(A) of this title and subsection requests or inquiries made by the Comp-
tion employs not more than 150 employees; (e) of this section, a plan that provides for troller General of the United States not later
and payment of a claim of a kind specified in sec- than 30 days (or such later date as the Comp-
‘‘(dd) the destination marketing organiza- tion 503(b)(10) of this title may be confirmed troller General may specify) after receiving
tion— under subsection (b) of this section if the the request or inquiry.
‘‘(AA) is described in section 501(c) of the plan proposes to make payments on account (B) EXCEPTION.—If the Administrator is un-
Internal Revenue Code and is exempt from of such claim when due under the terms of able to comply with a request or inquiry de-
taxation under section 501(a) of such Code; or the loan giving rise to such claim.’’. scribed in subparagraph (A) within the 30-
‘‘(BB) is a quasi-governmental entity or is (4) CONFIRMATION OF PLAN FOR FAMILY day period or, if applicable, later period de-
a political subdivision of a State or local FARMERS AND FISHERMEN.—Section 1225 of scribed in that clause, the Administrator
government, including any instrumentality title 11, United States Code, is amended by shall, during that 30-day (or later) period,
submit to the Committee on Small Business
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of those entities.’’. adding at the end the following:
‘‘(d) Notwithstanding section 1222(a)(2) of and Entrepreneurship of the Senate and the
(p) PROHIBITION ON USE OF LOAN PROCEEDS this title and subsection (b)(1) of this sec- Committee on Small Business of the House
FOR LOBBYING ACTIVITIES.—Section tion, a plan that provides for payment of a of Representatives a notification that in-
7(a)(36)(F) of the Small Business Act (15 claim of a kind specified in section 503(b)(10) cludes a detailed justification for the inabil-
U.S.C. 636(a)(36)(F)) is amended by adding at of this title may be confirmed if the plan ity of the Administrator to comply with the
the end the following: proposes to make payments on account of request or inquiry.
‘‘(vi) PROHIBITION.—None of the proceeds of such claim when due under the terms of the (2) TESTIMONY.—Not later than the date
a covered loan may be used for— loan giving rise to such claim.’’. that is 30 days after the date of enactment of
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5965
this Act, and every quarter thereafter until (u) COMMITMENT AUTHORITY AND APPRO- and audited annual reports to the Postal
the date that is 2 years after the date of en- PRIATIONS.— Regulatory Commission under section 3654 of
actment of this Act, the Administrator and (1) COMMITMENT AUTHORITY.—Section title 39, United States Code, and in con-
the Secretary of the Treasury shall testify 1102(b) of the CARES Act (Public Law 116– formity with the requirements of section 13
before the Committee on Small Business and 136) is amended— or 15(d) of the Securities Exchange Act of
Entrepreneurship of the Senate and the Com- (A) in paragraph (1)— 1934 (15 U.S.C. 78m, 78o(d)), any expenditures
mittee on Small Business of the House of (i) in the paragraph heading, by inserting made using amounts borrowed under sub-
Representatives regarding implementation ‘‘AND SECOND DRAW’’ after ‘‘PPP’’; section (b) of this section.
of this section and the amendments made by (ii) by striking ‘‘August 8, 2020’’ and insert- ‘‘(2) CONGRESS.—Not later than 15 days
this section. ing ‘‘December 31, 2020’’; after filing a report described in paragraph
(t) CONFLICTS OF INTEREST.— (iii) by striking ‘‘paragraph (36)’’ and in- (1) with the Postal Regulatory Commission,
(1) DEFINITIONS.—In this subsection: serting ‘‘paragraphs (36) and (37)’’; and the Postal Service shall submit a copy of the
(A) CONTROLLING INTEREST.—The term (iv) by striking ‘‘$659,000,000,000’’ and in- information required to be certified under
‘‘controlling interest’’ means owning, con- serting ‘‘$816,640,000,000’’; and that paragraph to the Committee on Home-
trolling, or holding not less than 20 percent, (B) by amending paragraph (2) to read as land Security and Governmental Affairs of
follows: the Senate and the Committee on Oversight
by vote or value, of the outstanding amount
‘‘(2) OTHER 7(A) LOANS.—During fiscal year and Reform of the House of Representa-
of any class of equity interest in an entity.
2020, the amount authorized for commit- tives.’’.
(B) COVERED ENTITY.—
ments for section 7(a) of the Small Business
(i) DEFINITION.—The term ‘‘covered entity’’ TITLE VI—EDUCATIONAL SUPPORT AND
Act (15 U.S.C. 636(a)) under the heading
means an entity in which a covered indi- CHILD CARE
‘Small Business Administration—Business
vidual directly or indirectly holds a control-
Loans Program Account’ in the Financial Subtitle A—Emergency Education Freedom
ling interest.
Services and General Government Appropria- Grants; Tax Credits for Contributions to El-
(ii) TREATMENT OF SECURITIES.—For the
tions Act, 2020 (division C of Public Law 116– igible Scholarship-granting Organizations
purpose of determining whether an entity is
193) shall apply with respect to any commit- SEC. 6001. EMERGENCY EDUCATION FREEDOM
a covered entity, the securities owned, con- ments under such section 7(a) other than
trolled, or held by 2 or more individuals who GRANTS.
under paragraphs (36) and (37) of such section
are related as described in subparagraph 7(a).’’. (a) DEFINITIONS.—In this section:
(C)(ii) shall be aggregated. (2) DIRECT APPROPRIATIONS.— (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI-
(C) COVERED INDIVIDUAL.—The term ‘‘cov- (A) NEW DIRECT APPROPRIATIONS FOR PPP ZATION.—The term ‘‘eligible scholarship-
ered individual’’ means— LOANS, SECOND DRAW LOANS, AND THE MBDA.—
granting organization’’ means—
(i) the President, the Vice President, the (i) PPP AND SECOND DRAW LOANS.—There is (A) an organization that—
head of an Executive department, or a Mem- appropriated, out of amounts in the Treas- (i) is described in section 501(c)(3) of the In-
ber of Congress; and ury not otherwise appropriated, for the fiscal ternal Revenue Code of 1986 and exempt from
(ii) the spouse, child, son-in-law, or daugh- year ending September 30, 2020, to remain taxation under section 501(a) of such Code;
ter-in-law, as determined under applicable available until September 30, 2021, for addi- (ii) provides qualifying scholarships to in-
common law, of an individual described in tional amounts— dividual elementary and secondary students
clause (i). (I) $257,640,000,000 under the heading who—
(D) EXECUTIVE DEPARTMENT.—The term ‘‘Small Business Administration—Business (I) reside in the State in which the eligible
‘‘Executive department’’ has the meaning Loans Program Account, CARES Act’’ for scholarship-granting organization is recog-
given the term in section 101 of title 5, the cost of guaranteed loans as authorized nized; or
United States Code. under paragraph (36) and (37) of section 7(a) (II) in the case of funds provided to the
(E) MEMBER OF CONGRESS.—The term of the Small Business Act (15 U.S.C. 636(a)), Secretary of the Interior, attending elemen-
‘‘Member of Congress’’ means a Member of as amended and added by this Act; tary schools or secondary schools operated
the Senate or House of Representatives, a (II) $10,000,000 under the heading ‘‘Depart- or funded by the Bureau of Indian Education;
Delegate to the House of Representatives, ment of Commerce—Minority Business De- (iii) allocates at least 90 percent of quali-
and the Resident Commissioner from Puerto velopment Agency’’ for minority business fied contributions to qualifying scholarships
Rico. centers of the Minority Business Develop- on an annual basis; and
(F) EQUITY INTEREST.—The term ‘‘equity ment Agency to provide technical assistance (iv) provides qualifying scholarships to—
interest’’ means— to small business concerns; and (I) more than 1 eligible student;
(i) a share in an entity, without regard to (III) $50,000,000 under the heading ‘‘Small (II) more than 1 eligible family; and
whether the share is— Business Administration—Salaries and Ex- (III) different eligible students attending
(I) transferable; or penses’’ for the cost of carrying out reviews more than 1 education provider;
(II) classified as stock or anything similar; and audits of loans under subsection (l) of (B) an organization that—
(ii) a capital or profit interest in a limited section 1106 of the CARES Act (15 U.S.C. (i) is described in section 501(c)(3) of the In-
liability company or partnership; or 9005), as amended by this Act. ternal Revenue Code of 1986 and exempt from
(iii) a warrant or right, other than a right (B) AVAILABILITY OF AMOUNTS APPRO- taxation under section 501(a) of such Code;
to convert, to purchase, sell, or subscribe to PRIATED FOR THE OFFICE OF INSPECTOR GEN- and
a share or interest described in clause (i) or ERAL.—Section 1107(a)(3) of the CARES Act (ii) pursuant to State law, was able, as of
(ii), respectively. (15 U.S.C. 9006(a)(3)) is amended by striking January 1, 2021, to receive contributions that
(2) REQUIREMENT.—The principal executive ‘‘September 20, 2024’’ and inserting ‘‘ex- are eligible for a State tax credit if such con-
officer and the principal financial officer, or pended’’. tributions are used by the organization to
individuals performing similar functions, of TITLE V—POSTAL SERVICE ASSISTANCE provide scholarships to individual elemen-
an entity seeking to enter a transaction tary and secondary students, including
SEC. 5001. COVID–19 FUNDING FOR THE UNITED
made under paragraph (36) or (37) of section STATES POSTAL SERVICE. scholarships for attending private schools; or
7(a) of the Small Business Act (15 U.S.C. Section 6001 of the CARES Act (Public Law (C) an organization identified by a Gov-
636(a)), as added and amended by this sec- 116–136; 134 Stat. 281) is amended— ernor of a State to receive a subgrant from
tion, shall, before that transaction is ap- (1) in the section heading, by striking the State under subsection (d).
proved, disclose to the Administrator wheth- ‘‘BORROWING AUTHORITY’’ and inserting (2) EMERGENCY EDUCATION FREEDOM GRANT
er the entity is a covered entity. ‘‘FUNDING’’; FUNDS.—The term ‘‘emergency education
(3) APPLICABILITY.—The requirement under (2) by redesignating subsection (c) as sub- freedom grant funds’’ means the amount of
paragraph (2)— section (e); and funds available under subsection (b)(1) for
(A) shall apply with respect to any trans- (3) by inserting after subsection (b) the fol- this section that are not reserved under sub-
action made under paragraph (36) or (37) of lowing: section (c)(1).
section 7(a) of the Small Business Act (15 ‘‘(c) AVAILABILITY OF AMOUNTS; NO REPAY- (3) QUALIFIED CONTRIBUTION.—The term
U.S.C. 636(a)), as added and amended by this MENT REQUIRED.—Notwithstanding sub- ‘‘qualified contribution’’ means a contribu-
section, on or after the date of enactment of section (b) or any agreement entered into be- tion of cash to any eligible scholarship-
this Act; and tween the Secretary of the Treasury and the granting organization.
(B) shall not apply with respect to— Postal Service under that subsection, the (4) QUALIFIED EXPENSE.—The term ‘‘quali-
(i) any transaction described in subpara- Postal Service— fied expense’’ means any educational expense
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graph (A) that was made before the date of ‘‘(1) may only use amounts borrowed under that is—
enactment of this Act; or that subsection if the Postal Service has less (A) for an individual student’s elementary
(ii) forgiveness under section 1106 of the than $8,000,000,000 in cash on hand; and or secondary education, as recognized by the
CARES Act (15 U.S.C. 9005) or any other pro- ‘‘(2) shall not be required to repay the State; or
vision of law of any loan associated with any amounts borrowed under that subsection. (B) for the secondary education component
transaction described in subparagraph (A) ‘‘(d) CERTIFICATIONS.— of an individual elementary or secondary
that was made before the date of enactment ‘‘(1) POSTAL REGULATORY COMMISSION.—The student’s career and technical education, as
of this Act. Postal Service shall certify in its quarterly defined by section 3(5) of the Carl D. Perkins
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S5966 CONGRESSIONAL RECORD — SENATE September 30, 2020
Career and Technical Education Act of 2006 section (c)(1)(B), a State with an existing, as a home education provider is treated as a
(20 U.S.C. 2302(5)). of the date of application for an allotment private school under State law.
(5) QUALIFYING SCHOLARSHIP.—The term under this section, tax credit scholarship (C) No participating State shall exclude,
‘‘qualifying scholarship’’ means a scholar- program shall use not less than 50 percent of discriminate against, or otherwise disadvan-
ship granted by an eligible scholarship- the allotment to award subgrants to eligible tage any education provider with respect to
granting organization to an individual ele- scholarship-granting organizations under programs or services under this section
mentary or secondary student for a qualified subsection (a)(1)(B) in the State in propor- based in whole or in part on the provider’s
expense. tion to the contributions received in cal- religious character or affiliation, including
(6) SECRETARY.—The term ‘‘Secretary’’ endar year 2019 that were eligible for a State religiously based or mission-based policies or
means the Secretary of Education. tax credit if such contributions are used by practices.
(7) STATE.—The term ‘‘State’’ means each the organization to provide scholarships to (4) PARENTAL RIGHTS TO USE SCHOLAR-
of the 50 States, the District of Columbia, individual elementary and secondary stu- SHIPS.—No participating State shall disfavor
and the Commonwealth of Puerto Rico. dents, including scholarships for attending or discourage the use of qualifying scholar-
(b) GRANTS.— private schools. ships for the purchase of elementary and sec-
(1) PROGRAM AUTHORIZED.—From the funds (B) STATES WITHOUT TAX CREDIT SCHOLAR- ondary education services, including those
appropriated to carry out this section, the SHIP PROGRAMS.—By not later than 60 days services provided by private or nonprofit en-
Secretary shall carry out subsection (c) and after receiving an allotment under sub- tities, such as faith-based providers.
award emergency education freedom grants section (c)(1)(B), a State without a tax credit (5) STATE AND LOCAL AUTHORITY.—Nothing
to States with approved applications, in scholarship program shall use not less than in this section shall be construed to modify
order to enable the States to award sub- 50 percent of the allotment to award sub- a State or local government’s authority and
grants to eligible scholarship-granting orga- grants to eligible scholarship-granting orga- responsibility to fund education.
nizations under subsection (d). nizations in the State. (g) AUTHORIZATION OF APPROPRIATIONS.—
(2) TIMING.—The Secretary shall make the (3) USES OF FUNDS.— An eligible scholar- There are authorized to be appropriated to
allotments required under this subsection by ship-granting organization that receives a carry out this section such sums as may be
not later than 30 days after the date of en- subgrant under this subsection— necessary.
actment of this Act. (A) may reserve not more than 5 percent of SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO
(c) RESERVATION AND ALLOTMENTS.— ELIGIBLE SCHOLARSHIP-GRANTING
the subgrant funds for public outreach, stu- ORGANIZATIONS.
(1) IN GENERAL.—From the amounts made
dent and family support activities, and ad- (a) CREDIT FOR INDIVIDUALS.—Subpart A of
available under subsection (b)(1), the Sec-
ministrative expenses related to the part IV of subchapter A of chapter 1 of the
retary shall—
subgrant; and Internal Revenue Code of 1986 is amended by
(A) reserve—
(i) one-half of 1 percent for allotments for (B) shall use not less than 95 percent of the adding after section 25D the following new
the United States Virgin Islands, Guam, subgrant funds to provide qualifying scholar- section:
American Samoa, and the Commonwealth of ships for qualified expenses only to indi- ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOL-
the Northern Mariana Islands, to be distrib- vidual elementary school and secondary ARSHIP-GRANTING ORGANIZATIONS.
uted among those outlying areas on the basis school students who reside in the State in ‘‘(a) ALLOWANCE OF CREDIT.—Subject to
of their relative need, as determined by the which the eligible scholarship-granting orga- section 6003(c) of the Delivering Immediate
Secretary, in accordance with the purpose of nization is recognized. Relief to America’s Families, Schools and
this section; and (e) REALLOCATION.—A State shall return to Small Businesses Act, in the case of an indi-
(ii) one-half of 1 percent of such amounts the Secretary any amounts of the allotment vidual, there shall be allowed as a credit
for the Secretary of the Interior, acting received under this section that the State against the tax imposed by this chapter for
through the Bureau of Indian Education, to does not award as subgrants under sub- the taxable year an amount equal to the sum
be used to provide subgrants described in section (d) by March 30, 2021, and the Sec- of any qualified contributions made by the
subsection (d) to eligible scholarship-grant- retary shall reallocate such funds to the re- taxpayer during the taxable year.
maining eligible States in accordance with ‘‘(b) AMOUNT OF CREDIT.—The credit al-
ing organizations that serve students attend-
subsection (c)(1)(B). lowed under subsection (a) for any taxable
ing elementary schools or secondary schools year shall not exceed 10 percent of the tax-
operated or funded by the Bureau of Indian (f) RULES OF CONSTRUCTION.—
payer’s adjusted gross income for the taxable
Education; and (1) IN GENERAL.—A qualifying scholarship
year.
(B) subject to paragraph (2), allot each awarded to a student from funds provided ‘‘(c) DEFINITIONS.—For purposes of this sec-
State that submits an approved application under this section shall not be considered as- tion—
under this section the sum of— sistance to the school or other educational ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA-
(i) the amount that bears the same rela- provider that enrolls, or provides edu- NIZATION.—The term ‘eligible scholarship-
tion to 20 percent of the emergency edu- cational services to, the student or the stu- granting organization’ means—
cation freedom grant funds as the number of dent’s parents. ‘‘(A) an organization that—
individuals aged 5 through 17 in the State, as (2) EXCLUSION FROM INCOME.— ‘‘(i) is described in section 501(c)(3) and ex-
determined by the Secretary on the basis of (A) INCOME TAXES.—For purposes of the In- empt from taxation under section 501(a),
the most recent satisfactory data, bears to ternal Revenue Code of 1986, gross income ‘‘(ii) provides qualifying scholarships to in-
the number of those individuals, as so deter- shall not include any amount received by an dividual elementary and secondary students
mined, in all such States that submitted ap- individual as a qualifying scholarship. who—
proved applications; and (B) FEDERALLY FUNDED PROGRAMS.—Any ‘‘(I) reside in the State in which the eligi-
(ii) an amount that bears the same rela- amount received by an individual as a quali- ble scholarship-granting organization is rec-
tionship to 80 percent of the emergency edu- fying scholarship shall not be taken into ac- ognized, or
cation freedom grant funds as the number of count as income or resources for purposes of ‘‘(II) in the case of the Bureau of Indian
individuals aged 5 through 17 from families determining the eligibility of such individual Education, are members of a federally recog-
with incomes below the poverty line in the or any other individual for benefits or assist- nized tribe,
State, as determined by the Secretary on the ance, or the amount or extent of such bene- ‘‘(iii) a State identifies to the Secretary as
basis of the most recent satisfactory data, fits or assistance, under any Federal pro- an eligible scholarship-granting organization
bears to the number of those individuals, as gram or under any State or local program fi- under section 6003(c)(5)(B) of the Delivering
so determined, in all such States that sub- nanced in whole or in part with Federal Immediate Relief to America’s Families,
mitted approved applications. funds. Schools and Small Businesses Act,
(2) MINIMUM ALLOTMENT.—No State shall (3) PROHIBITION OF CONTROL OVER NONPUBLIC ‘‘(iv) allocates at least 90 percent of quali-
receive an allotment under this subsection EDUCATION PROVIDERS.— fied contributions to qualifying scholarships
for a fiscal year that is less than one-half of (A)(i) Nothing in this section shall be con- on an annual basis, and
1 percent of the amount of emergency edu- strued to permit, allow, encourage, or au- ‘‘(v) provides qualifying scholarships to—
cation freedom grant funds available for thorize any Federal control over any aspect ‘‘(I) more than 1 eligible student,
such fiscal year. of any private, religious, or home education ‘‘(II) more than 1 eligible family, and
(d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP- provider, whether or not a home education ‘‘(III) different eligible students attending
GRANTING ORGANIZATIONS.— provider is treated as a private school or more than 1 education provider, or
(1) IN GENERAL.—A State that receives an home school under State law. ‘‘(B) an organization that—
allotment under this section shall use the al- (ii) This section shall not be construed to ‘‘(i) is described in section 501(c)(3) and ex-
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lotment to award subgrants, on a basis de- exclude private, religious, or home education empt from taxation under section 501(a), and
termined appropriate by the State, to eligi- providers from participation in programs or ‘‘(ii) pursuant to State law, was able, as of
ble scholarship-granting organizations in the services under this section. January 1, 2021, to receive contributions that
State. (B) Nothing in this section shall be con- are eligible for a State tax credit if such con-
(2) INITIAL TIMING.— strued to permit, allow, encourage, or au- tributions are used by the organization to
(A) STATES WITH EXISTING TAX CREDIT thorize a State to mandate, direct, or con- provide scholarships to individual elemen-
SCHOLARSHIP PROGRAM.—By not later than 30 trol any aspect of a private or home edu- tary and secondary students, including
days after receiving an allotment under sub- cation provider, regardless of whether or not scholarships for attending private schools.
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5967
‘‘(2) QUALIFIED CONTRIBUTION.—The term 6003(c)(5) of the Delivering Immediate Relief (2) by striking the period at the end of
‘qualified contribution’ means a contribu- to America’s Families, Schools and Small paragraph (33) and inserting ‘‘, plus’’; and
tion of cash to any eligible scholarship- Businesses Act shall disfavor or discourage (3) by adding at the end the following new
granting organization. the use of qualifying scholarships for the paragraph:
‘‘(3) QUALIFIED EXPENSE.—The term ‘quali- purchase of elementary and secondary edu- ‘‘(34) the credit for qualified contributions
fied expense’ means any educational expense cation services, including those services pro- determined under section 45U(a).’’.
that is— vided by private or nonprofit entities, such (e) CLERICAL AMENDMENT.—The table of
‘‘(A) for an individual student’s elementary as faith-based providers. sections for subpart D of part IV of sub-
or secondary education, as recognized by the ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing chapter A of chapter 1 is amended by adding
State, or in this section shall be construed to modify at the end the following new item:
‘‘(B) for the secondary education compo- a State or local government’s authority and ‘‘Sec. 45U. Contributions to eligible scholar-
nent of an individual elementary or sec- responsibility to fund education. ship-granting organizations.’’.
ondary student’s career and technical edu- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Sec- (f) EFFECTIVE DATE.—The amendments
cation, as defined by section 3(5) of the Carl retary shall prescribe such regulations or made by this section shall apply to taxable
D. Perkins Career and Technical Education other guidance to ensure that the sum of the years beginning after December 31, 2020.
Act of 2006 (20 U.S.C. 2302(5)). tax benefits provided by Federal, State, or SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS
‘‘(4) QUALIFYING SCHOLARSHIP.—The term local law for a qualified contribution receiv- WEB PORTAL AND ADMINISTRATION.
‘qualifying scholarship’ means a scholarship ing a Federal tax credit in any taxable year (a) IN GENERAL.—The Secretary of the
granted by an eligible scholarship-granting does not exceed the sum of the qualified con- Treasury shall, in coordination with the Sec-
organization to an individual elementary or tributions made by the taxpayer for the tax- retary of Education, establish, host, and
secondary student for a qualified expense. able year. maintain a web portal that—
‘‘(5) STATE.—The term ‘State’ means each ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax (1) lists all eligible scholarship-granting
of the 50 States, the District of Columbia, credit allowed under this section is not fully
the Commonwealth of Puerto Rico, the out- organizations;
used within the applicable taxable year be- (2) enables a taxpayer to make a qualifying
lying areas (as defined in section 1121(c) of cause of insufficient tax liability on the part
the Elementary and Secondary Education contribution to one or more eligible scholar-
of the taxpayer, the unused amount may be ship-granting organizations and to imme-
Act of 1965 (20 U.S.C. 6331(c)), and the Depart- carried forward for a period not to exceed 5
ment of the Interior (acting through the Bu- diately obtain both a pre-approval of a tax
years. credit for that contribution and a receipt for
reau of Indian Education). ‘‘(g) ELECTION.—This section shall apply to
‘‘(d) RULES OF CONSTRUCTION.— tax filings;
a taxpayer for a taxable year only if the tax-
‘‘(1) IN GENERAL.—A qualifying scholarship (3) provides information about the tax ben-
payer elects to have this section apply for
awarded to a student from the proceeds of a efits under sections 25E and 45U of the Inter-
such taxable year.
qualified contribution under this section ‘‘(h) ALTERNATIVE MINIMUM TAX.—For pur- nal Revenue Code of 1986; and
shall not be considered assistance to the poses of calculating the alternative min- (4) enables a State to submit and update
school or other educational provider that en- imum tax under section 55, a taxpayer may information about its programs and its eligi-
rolls, or provides educational services to, the use any credit received for a qualified con- ble scholarship-granting organizations for
student or the student’s parents. tribution under this section. informational purposes only, including infor-
‘‘(2) EXCLUSION FROM INCOME.—Gross in- ‘‘(i) TERMINATION.—This section shall not mation on—
come shall not include any amount received apply to any contributions made in taxable (A) student eligibility;
by an individual as a qualifying scholarship years beginning after December 31, 2022.’’. (B) allowable educational expenses;
and such amount shall not be taken into ac- (b) CLERICAL AMENDMENT.—The table of (C) the types of allowable education pro-
count as income or resources for purposes of sections for subpart A of part IV of sub- viders;
determining the eligibility of such individual chapter A of chapter 1 of the Internal Rev- (D) the percentage of funds an organization
or any other individual for benefits or assist- enue Code of 1986 is amended by inserting may use for program administration; and
ance, or the amount or extent of such bene- after the item relating to section 25D the fol- (E) the percentage of total contributions
fits or assistance, under any Federal pro- lowing new item: the organization awards in a calendar year.
gram or under any State or local program fi- (b) NONPORTAL CONTRIBUTIONS.—A tax-
‘‘Sec. 25E. Contributions to eligible scholar-
nanced in whole or in part with Federal payer may opt to make a contribution di-
ship-granting organizations.’’.
funds. (c) CREDIT FOR CORPORATIONS.—Subpart D rectly to an eligible scholarship-granting or-
‘‘(3) PROHIBITION OF CONTROL OVER NON- of part IV of subchapter A of chapter 1 of the ganization, instead of through the web portal
PUBLIC EDUCATION PROVIDERS.—
Internal Revenue Code of 1986 is amended by described in subsection (a), provided that the
‘‘(A)(i) Nothing in this section shall be con- adding at the end the following new section: taxpayer, or the eligible scholarship-grant-
strued to permit, allow, encourage, or au- ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOL-
ing organization on behalf of the taxpayer,
thorize any Federal control over any aspect ARSHIP-GRANTING ORGANIZATIONS. applies for, and receives pre-approval for a
of any private, religious, or home education ‘‘(a) ALLOWANCE OF CREDIT.—Subject to tax credit from the Secretary of the Treas-
provider, whether or not a home education section 6003(c) of the Delivering Immediate ury in coordination with the Secretary of
provider is treated as a private school or Relief to America’s Families, Schools and Education.
home school under State law. Small Businesses Act, for purposes of section (c) NATIONAL AND STATE LIMITATIONS ON
‘‘(ii) This section shall not be construed to 38, in the case of a domestic corporation, CREDITS.—
exclude private, religious, or home education there shall be allowed as a credit against the (1) NATIONAL LIMITATION.—For each fiscal
providers from participation in programs or tax imposed by this chapter for the taxable year, the total amount of qualifying con-
services under this section. year an amount equal to the sum of any tributions for which a credit is allowed under
‘‘(B) Nothing in this section shall be con- qualified contributions (as defined in section sections 25E and 45U of the Internal Revenue
strued to permit, allow, encourage, or au- 25E(c)(2)) made by such corporation during Code of 1986 shall not exceed $5,000,000,000.
thorize an entity submitting a list of eligible the taxable year. (2) ALLOCATION OF LIMITATION.—
scholarship-granting organizations on behalf ‘‘(b) AMOUNT OF CREDIT.—The credit al- (A) INITIAL ALLOCATIONS.—For each cal-
of a State pursuant to section 6003(c)(5) of lowed under subsection (a) for any taxable endar year, with respect to the limitation
the Delivering Immediate Relief to Amer- year shall not exceed 5 percent of the taxable under paragraph (1), the Secretary of the
ica’s Families, Schools and Small Businesses income (as defined in section 170(b)(2)(D)) of Treasury, in consultation with the Secretary
Act to mandate, direct, or control any aspect the domestic corporation for such taxable of Education, shall—
of a private or home education provider, re- year. (i) allocate to each State an amount equal
gardless of whether or not a home education ‘‘(c) ADDITIONAL PROVISIONS.—For purposes to the sum of the qualifying contributions
provider is treated as a private school under of this section, any qualified contributions made in the State in the previous year; and
State law. made by a domestic corporation shall be sub- (ii) from any amounts remaining following
‘‘(C) No participating State or entity act- ject to the provisions of section 25E (includ- allocations made under clause (i), allocate to
ing on behalf of a State pursuant to section ing subsection (d) of such section), to the ex- each participating State an amount equal to
6003(c)(5) of the Delivering Immediate Relief tent applicable. the sum of—
to America’s Families, Schools and Small ‘‘(d) ELECTION.—This section shall apply to (I) an amount that bears the same rela-
Businesses Act shall exclude, discriminate a taxpayer for a taxable year only if the tax- tionship to 20 percent of such remaining
against, or otherwise disadvantage any edu- amount as the number of individuals aged 5
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payer elects to have this section apply for
cation provider with respect to programs or such taxable year. through 17 in the State, as determined by
services under this section based in whole or ‘‘(e) TERMINATION.—This section shall not the Secretary of Education on the basis of
in part on the provider’s religious character apply to any contributions made in taxable the most recent satisfactory data, bears to
or affiliation, including religiously-based or years beginning after December 31, 2022.’’. the number of those individuals in all such
mission-based policies or practices. (d) CREDIT PART OF GENERAL BUSINESS States, as so determined; and
‘‘(4) PARENTAL RIGHTS TO USE SCHOLAR- CREDIT.—Section 38(b) is amended— (II) an amount that bears the same rela-
SHIPS.—No participating State or entity act- (1) by striking ‘‘plus’’ at the end of para- tionship to 80 percent of such remaining
ing on behalf of a State pursuant to section graph (32); amount as the number of individuals aged 5
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S5968 CONGRESSIONAL RECORD — SENATE September 30, 2020
through 17 from families with incomes below penses in connection with enrollment or at- 658P of the Child Care and Development
the poverty line in the State, as determined tendance at, or for students enrolled at or Block Grant Act of 1990 (42 U.S.C. 9858n).
by the Secretary of Education, on the basis attending, an elementary or secondary pub- (5) QUALIFIED CHILD CARE PROVIDER.—The
of the most recent satisfactory data, bears to lic, private, or religious school: term ‘‘qualified child care provider’’ means
the number of those individuals in all such ‘‘(i) Curriculum and curricular materials. an eligible child care provider with an appli-
States, as so determined. ‘‘(ii) Books or other instructional mate- cation approved under subsection (g) for the
(B) MINIMUM ALLOCATION.—Notwith- rials. program involved.
standing subparagraph (A), no State receiv- ‘‘(iii) Online educational materials. (6) SECRETARY.—The term ‘‘Secretary’’
ing an allocation under this section may re- ‘‘(iv) Tuition for tutoring or educational means the Secretary of Health and Human
ceive less than 1⁄2 of 1 percent of the amount classes outside of the home, including at a Services.
allocated for a fiscal year. tutoring facility, but only if the tutor or in- (7) STATE.—The term ‘‘State’’ has the
(3) ALLOWABLE PARTNERSHIPS.—A State structor is not related to the student and— meaning given the term in section 658P of
may choose to administer the allocation it ‘‘(I) is licensed as a teacher in any State, the Child Care and Development Block Grant
receives under paragraph (2) in partnership ‘‘(II) has taught at an eligible educational Act of 1990 (42 U.S.C. 9858n).
with one or more States, provided that the institution, or
eligible scholarship-granting organizations (c) GRANTS FOR CHILD CARE PROGRAMS.—
‘‘(III) is a subject matter expert in the rel-
in each partner State serve students who re- From the funds appropriated to carry out
evant subject.
side in all States in the partnership. this section, the Secretary shall make Back
‘‘(v) Fees for a nationally standardized
(4) TOTAL ALLOCATION.—A State’s alloca- norm-referenced achievement test, an ad- to Work Child Care grants to States, Indian
tion, for any fiscal year, is the sum of the vanced placement examination, or any ex- tribes, and tribal organizations, that submit
amount determined for such State under aminations related to college or university notices of intent to provide assurances under
subparagraphs (A) and (B) of paragraph (2). admission. subsection (d)(2). The grants shall provide for
(5) ALLOCATION AND ADJUSTMENTS.— ‘‘(vi) Fees for dual enrollment in an insti- subgrants to qualified child care providers,
(A) INITIAL ALLOCATION TO STATES.—Not tution of higher education. for a transition period of not more than 9
later than November 1 of the year preceding ‘‘(vii) Educational therapies for students months to assist in paying for fixed costs
a year for which there is a national limita- with disabilities provided by a licensed or ac- and increased operating expenses due to
tion on credits under paragraph (1) (referred credited practitioner or provider, including COVID–19, and to reenroll children in an en-
to in this section as the ‘‘applicable year’’), occupational, behavioral, physical, and vironment that supports the health and safe-
or as early as practicable with respect to the speech-language therapies.
first year, the Secretary of the Treasury ty of children and staff.
‘‘(C) TREATMENT OF HOMESCHOOL EX-
shall announce the State allocations under PENSES.—In the case of any distribution (d) PROCESS FOR ALLOCATION OF FUNDS.—
paragraph (2) for the applicable year. made after the date of the enactment of the (1) ALLOCATION.—Any funds that are appro-
(B) LIST OF ELIGIBLE SCHOLARSHIP-GRANT- Delivering Immediate Relief to America’s priated to carry out this section shall be dis-
ING ORGANIZATIONS.— Families, Schools and Small Businesses Act tributed by the Secretary to the Administra-
(i) IN GENERAL.—Not later than January 1 and before January 1, 2023, the term ‘quali- tion for Children and Families for distribu-
of each applicable year, or as early as prac- fied higher education expense’ shall include tion under the Child Care and Development
ticable with respect to the first year, each expenses for the purposes described in sub- Block Grant Act of 1990 (42 U.S.C. 9857 et
State shall provide the Secretary of the paragraphs (A) and (B) in connection with a seq.) in accordance with subsection (e)(2) of
Treasury a list of eligible scholarship-grant- homeschool (whether treated as a this section.
ing organizations, including a certification homeschool or a private school for purposes (2) NOTICE.—Not later than 7 days after
that the entity submitting the list on behalf of applicable State law).’’. funds are appropriated to carry out this sec-
of the State has the authority to perform (b) EFFECTIVE DATE.—The amendment tion, the Secretary shall provide to States,
this function. made by this section shall apply to distribu- Indian tribes, and tribal organizations a no-
(ii) RULE OF CONSTRUCTION.—Neither this tions made after the date of the enactment tice of funding availability, for Back to
section nor any other Federal law shall be of this Act. Work Child Care grants under subsection (c)
construed as limiting the entities that may Subtitle B—Back to Work Child Care Grants from allotments and payments under sub-
submit the list on behalf of a State. section (e)(2). The Secretary shall issue a no-
SEC. 6101. BACK TO WORK CHILD CARE GRANTS.
(C) REALLOCATION OF UNCLAIMED CREDITS.— tice of the funding allocations for each
(a) PURPOSE.—The purpose of this section
The Secretary of the Treasury shall reallo- State, Indian tribe, and tribal organization
is to support the recovery of the United
cate a State’s allocation to other States, in not later than 14 days after funds are appro-
States economy by providing assistance to
accordance with paragraph (2), if the State— priated to carry out this section.
aid in reopening child care programs, and
(i) chooses not to identify scholarship- (3) NOTICE OF INTENT.—Not later than 14
maintaining the availability of child care in
granting organizations under subparagraph days after issuance of a notice of funding al-
the United States, so that parents can access
(B) in any applicable year; or locations under paragraph (1), a State, In-
safe care and return to work.
(ii) does not have an existing eligible dian tribe, or tribal organization that seeks
(b) DEFINITIONS.—In this section:
scholarship-granting organization. such a grant shall submit to the Secretary a
(1) COVID–19 PUBLIC HEALTH EMERGENCY.—
(D) REALLOCATION.—On or after April 1 of notice of intent to provide assurances for
The term ‘‘COVID–19 public health emer-
any applicable year, the Secretary of the such grant. The notice of intent shall include
gency’’ means the public health emergency
Treasury may reallocate, to one or more a certification that the State, Indian tribe,
declared by the Secretary of Health and
other States that have eligible scholarship- or tribal organization will repay the grant
Human Services under section 319 of the
granting organizations in the States, with- funds if such State, Indian tribe, or tribal or-
Public Health Service Act (42 U.S.C. 247d) on
out regard to paragraph (2), the allocation of ganization fails to provide assurances that
January 31, 2020, with respect to COVID–19,
a State for which the State’s allocation has meet the requirements of subsection (f) or to
including any renewal of such declaration.
not been claimed. comply with such an assurance.
(2) ELIGIBLE CHILD CARE PROVIDER.—The
(d) DEFINITIONS.—Any term used in this (4) GRANTS TO LEAD AGENCIES.—The Sec-
section which is also used in section 25E of term ‘‘eligible child care provider’’ means—
retary may make grants under subsection (c)
the Internal Revenue Code of 1986 shall have (A) an eligible child care provider as de-
to the lead agency of each State, Indian
the same meaning as when used in such sec- fined in section 658P(6)(A) of the Child Care
tribe, or tribal organization, upon receipt of
tion. and Development Block Grant Act of 1990 (42
the notice of intent to provide assurances for
SEC. 6004. 529 ACCOUNT FUNDING FOR U.S.C. 9858n(6)(A)); and
such grant.
HOMESCHOOL AND ADDITIONAL EL- (B) a child care provider that—
(5) PROVISION OF ASSURANCES.—Not later
EMENTARY AND SECONDARY EX- (i) is license-exempt and operating legally
than 15 days after receiving the grant, the
PENSES. in the State;
State, Indian tribe, or tribal organization
(a) IN GENERAL.—Section 529(c)(7) of the In- (ii) is not providing child care services to
shall provide assurances that meet the re-
ternal Revenue Code of 1986 is amended— relatives; and
quirements of subsection (f).
(1) by striking ‘‘Any reference’’ and insert- (iii) satisfies State and local requirements,
ing including those referenced in section (e) FEDERAL RESERVATION; ALLOTMENTS
‘‘(A) IN GENERAL.—Any reference’’, and 658E(c)(2)(I) of the Child Care and Develop- AND PAYMENTS.—
(2) by adding at the end the following new ment Block Grant Act of 1990 ((42 U.S.C. (1) RESERVATION.—The Secretary shall re-
subparagraphs: 9858c)(c)(2)(I)). serve not more than 1 percent of the amount
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‘‘(B) ADDITIONAL EXPENSES.—In the case of (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— appropriated to carry out this section to pay
any distribution made after the date of the The terms ‘‘Indian tribe’’ and ‘‘tribal organi- for the costs of the Federal administration of
enactment of the Delivering Immediate Re- zation’’ have the meanings given the terms this section. The amount appropriated to
lief to America’s Families, Schools and in section 658P of the Child Care and Devel- carry out this section and reserved under
Small Businesses Act and before January 1, opment Block Grant Act of 1990 (42 U.S.C. this paragraph shall remain available
2023, any reference in this section to the 9858n). through fiscal year 2021.
term ‘qualified higher education expense’ (4) LEAD AGENCY.—The term ‘‘lead agency’’ (2) ALLOTMENTS AND PAYMENTS.—The Sec-
shall include a reference to the following ex- has the meaning given the term in section retary shall use the remaining portion of
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5969
such amount to make allotments and pay- (1) IN GENERAL.—A lead agency that re- local, and tribal health and safety require-
ments, to States, Indian tribes, and tribal or- ceives a Back to Work Child Care grant ments and, if applicable, enhanced protocols
ganizations that submit such a notice of in- under this section— for child care services and related to COVID–
tent to provide assurances, in accordance (A) shall use a portion that is not less than 19 or another health or safety condition;
with paragraphs (1) and (2) of subsection (a), 94 percent of the grant funds to award sub- (iii) paying for fixed operating costs associ-
and subsection (b), of section 658O of the grants to qualified child care providers as de- ated with providing child care services, in-
Child Care and Development Block Grant scribed in the lead agency’s assurances pur- cluding the costs of payroll, the continu-
Act of 1990 (42 U.S.C. 9858m), for the grants suant to subsection (f); ation of existing (as of March 1, 2020) em-
described in subsection (c). (B) shall reserve not more than 6 percent of ployee benefits, mortgage or rent, utilities,
(f) ASSURANCES.—A State, Indian tribe, or the funds to— and insurance;
tribal organization that receives a grant (i) use not less than 1 percent of the funds (iv) acquiring equipment and supplies (in-
under subsection (c) shall provide to the Sec- to provide technical assistance and support cluding personal protective equipment) nec-
retary assurances that the lead agency will— in applying for and accessing funding essary to provide child care services in a
(1) require as a condition of subgrant fund- through such subgrants to eligible child care manner that is safe for children and staff in
ing under subsection (g) that each eligible providers, including to rural providers, fam- accordance with applicable State, local, and
child care provider applying for a subgrant ily child care providers, and providers with tribal health and safety requirements;
from the lead agency— limited administrative capacity; and (v) replacing materials that are no longer
(A) has been an eligible child care provider (ii) use the remainder of the reserved funds safe to use as a result of the COVID–19 public
in continuous operation and serving children to— health emergency;
through a child care program immediately (I) administer subgrants to qualified child (vi) making facility changes and repairs to
prior to March 1, 2020; care providers under paragraph (4), which address enhanced protocols for child care
(B) agree to follow all applicable State, shall include monitoring the compliance of services related to COVID–19 or another
local, and tribal health and safety require- qualified child care providers with applicable health or safety condition, to ensure chil-
ments and, if applicable, enhanced protocols State, local, and tribal health and safety re- dren can safely occupy a child care facility;
for child care services and related to COVID– quirements; and (vii) purchasing or updating equipment and
19 or another health or safety condition; (II) comply with the reporting and docu- supplies to serve children during nontradi-
mentation requirements described in sub- tional hours;
(C) agree to comply with the documenta-
section (h); and (viii) adapting the child care program or
tion and reporting requirements under sub-
(C)(i) shall not make more than 1 subgrant curricula to accommodate children who have
section (h); and
under paragraph (4) to a child care provider, not had recent access to a child care setting;
(D) certify in good faith that the child care
except as described in clause (ii); and (ix) carrying out any other activity related
program of the provider will remain open for
(ii) may make multiple subgrants to a to the child care program of a qualified child
not less than 1 year after receiving such a
qualified child care provider, if the lead care provider; and
subgrant, unless such program is closed due
agency makes each subgrant individually for (x) reimbursement of expenses incurred be-
to extraordinary circumstances, including a
1 child care program operated by the pro- fore the provider received a subgrant under
state of emergency declared by the Governor
vider and the funds from the multiple sub- this paragraph, if the use for which the ex-
or a major disaster or emergency declared by grants are not pooled for use for more than penses are incurred is described in any of
the President under section 401 or 501, re- 1 of the programs. clauses (i) though (ix) and is disclosed in the
spectively, of the Robert T. Stafford Disaster (2) ROLE OF THIRD PARTY.—The lead agency subgrant application for such subgrant.
Relief and Emergency Assistance Act (42 may designate a third party, such as a child (C) SUBGRANT APPLICATION.—To be quali-
U.S.C. 5170, 5191); care resource and referral agency, to carry fied to receive a subgrant under this para-
(2) ensure eligible child care providers in out the responsibilities of the lead agency, graph, an eligible child care provider shall
urban, suburban, and rural areas can readily and oversee the activities conducted by submit an application to the lead agency in
apply for and access funding under this sec- qualified child care providers under this sub- such form and containing such information
tion, which shall include the provision of section. as the lead agency may reasonably require,
technical assistance either directly or (3) OBLIGATION AND RETURN OF FUNDS.— including—
through resource and referral agencies or (A) OBLIGATION.— (i) a budget plan that includes—
staffed family child care provider networks; (i) IN GENERAL.—The lead agency shall ob- (I) information describing how the eligible
(3) ensure that subgrant funds are made ligate at least 50 percent of the grant funds child care provider will use the subgrant
available to eligible child care providers re- in the portion described in paragraph (1)(A) funds to pay for fixed costs and increased op-
gardless of whether the eligible child care for subgrants to qualified child care pro- erating expenses, including, as applicable,
provider is providing services for which as- viders by the day that is 6 months after the payroll, employee benefits, mortgage or
sistance is made available under the Child date of enactment of this Act. rent, utilities, and insurance, described in
Care and Development Block Grant Act of (ii) WAIVERS.—At the request of a State, subparagraph (B)(iii);
1990 (42 U.S.C. 9857 et seq.) at the time of ap- Indian tribe, or tribal organization, and for (II) data on current operating capacity,
plication for a subgrant; good cause shown, the Secretary may waive taking into account previous operating ca-
(4) through at least December 31, 2020, con- the requirement under clause (i) for the pacity for a period of time prior to the
tinue to expend funds provided under the State, Indian tribe, or tribal organization. COVID–19 public health emergency, and up-
Child Care and Development Block Grant (B) RETURN OF FUNDS.—Not later than the dated group size limits and staff-to-child ra-
Act of 1990 (42 U.S.C. 9857 et seq.) for the pur- date that is 12 months after a grant is award- tios;
pose of continuing payments and assistance ed to a lead agency in accordance with this (III) child care enrollment, attendance, and
to qualified child care providers on the basis section, the lead agency shall return to the revenue projections based on current oper-
of applicable reimbursements prior to March Secretary any of the grant funds that are not ating capacity and previous enrollment and
2020; obligated by the lead agency by such date. revenue for the period described in subclause
(5) undertake a review of burdensome The Secretary shall return any funds re- (II); and
State, local, and tribal regulations and re- ceived under this subparagraph to the Treas- (IV) a demonstration of how the subgrant
quirements that hinder the opening of new ury of the United States. funds will assist in promoting the long-term
licensed child care programs to meet the (4) SUBGRANTS.— viability of the eligible child care provider
needs of the working families in the State or (A) IN GENERAL.—A lead agency that re- and how the eligible child care provider will
tribal community, as applicable; ceives a grant under subsection (c) shall sustain its operations after the cessation of
(6) make available to the public, which make subgrants to qualified child care pro- funding under this section;
shall include, at a minimum, posting to an viders to assist in paying for fixed costs and (ii) assurances that the eligible child care
internet website of the lead agency— increased operating expenses, for a transi- provider will—
(A) notice of funding availability through tion period of not more than 9 months, so (I) report to the lead agency, before every
subgrants for qualified child care providers that parents have a safe place for their chil- month for which the subgrant funds are to be
under this section; and dren to receive child care as the parents re- received, data on current financial charac-
(B) the criteria for awarding subgrants for turn to the workplace. teristics, including revenue, and data on cur-
qualified child care providers, including the (B) USE OF FUNDS.—A qualified child care rent average enrollment and attendance;
methodology the lead agency used to deter- provider may use subgrant funds for— (II) not artificially suppress revenue, en-
mine and disburse funds in accordance with (i) sanitation and other costs associated rollment, or attendance for the purposes of
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subparagraphs (D) and (E) of subsection with cleaning the facility, including deep receiving subgrant funding;
(g)(4); and cleaning in the case of an outbreak of (III) provide the necessary documentation
(7) ensure the maintenance of a delivery COVID–19, of a child care program used to under subsection (h) to the lead agency, in-
system of child care services throughout the provide child care services; cluding providing documentation of expendi-
State that provides for child care in a vari- (ii) recruiting, retaining, and compen- tures of subgrant funds; and
ety of settings, including the settings of fam- sating child care staff, including providing (IV) implement all applicable State, local,
ily child care providers. professional development to the staff related and tribal health and safety requirements
(g) LEAD AGENCY USE OF FUNDS.— to child care services and applicable State, and, if applicable, enhanced protocols for
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S5970 CONGRESSIONAL RECORD — SENATE September 30, 2020
child care services and related to COVID–19 the independent entity described in that sec- TITLE VII—PANDEMIC PREPARATION AND
or another health or safety condition; and tion. STRATEGIC STOCKPILE
(iii) a certification in good faith that the (2) REPORTS.— SEC. 7001.SUSTAINED ON-SHORE MANUFAC-
child care program will remain open for not (A) LEAD AGENCY REPORT.—A lead agency TURING CAPACITY FOR PUBLIC
less than 1 year after receiving a subgrant receiving a grant under subsection (c) shall, HEALTH EMERGENCIES.
under this paragraph, unless such program is not later than 12 months after receiving such (a) IN GENERAL.—Section 319L of the Public
closed due to extraordinary circumstances grant, submit a report to the Secretary that Health Service Act (42 U.S.C. 247d–7e) is
described in subsection (f)(1)(D). includes for the State or tribal community amended—
(D) SUBGRANT DISBURSEMENT.—In providing involved a description of the program of sub- (1) in subsection (a)(6)(B)—
funds through a subgrant under this para- grants carried out to meet the objectives of (A) by redesignating clauses (iv) and (v) as
graph— this section, including— clauses (v) and (vi), respectively;
(i) the lead agency shall— (i) a description of how the lead agency de- (B) by inserting after clause (iii), the fol-
(I) disburse such subgrant funds to a quali- termined— lowing:
fied child care provider in installments made (I) the criteria for awarding subgrants for ‘‘(iv) activities to support domestic manu-
not less than once monthly; qualified child care providers, including the facturing surge capacity of products or plat-
(II) disburse a subgrant installment for a methodology the lead agency used to deter- form technologies, including manufacturing
month after the qualified child care provider mine and disburse funds in accordance with capacity and capabilities to utilize platform
has provided, before that month, the enroll- subparagraphs (D) and (E) of subsection technologies to provide for flexible manufac-
ment, attendance, and revenue data required (g)(4); and turing initiatives;’’; and
under subparagraph (C)(ii)(I) and, if applica- (II) the types of providers that received (C) in clause (vi) (as so redesginated), by
ble, current operating capacity data required priority for the subgrants, including consid- inserting ‘‘manufacture,’’ after ‘‘improve-
under subparagraph (C)(i)(II); and erations related to— ment,’’;
(III) make subgrant installments to any (aa) setting; (2) in subsection (b)—
qualified child care provider for a period of (bb) average monthly revenues, enroll- (A) in the first sentence of paragraph (1),
not more than 9 months; and ment, and attendance, before and during the by inserting ‘‘support for domestic manufac-
(ii) the lead agency may, notwithstanding COVID–19 public health emergency and after turing surge capacity,’’ after ‘‘initiatives for
subparagraph (E)(i), disburse an initial the expiration of State, local, and tribal innovation,’’; and
subgrant installment to a provider in a stay-at-home orders; and (B) in paragraph (2)—
greater amount than that subparagraph pro- (cc) geographically based child care service (i) in subparagraph (B), by striking ‘‘and’’
vides for, and adjust the succeeding install- needs across the State or tribal community; at the end;
ments, as applicable. (ii) by redesignating subparagraph (C) as
and
(E) SUBGRANT INSTALLMENT AMOUNT.—The subparagraph (D); and
(ii) the number of eligible child care pro-
lead agency— (iii) by inserting after subparagraph (B),
viders in operation and serving children on
(i) shall determine the amount of a the following:
March 1, 2020, and the average number of
subgrant installment under this paragraph ‘‘(C) activities to support manufacturing
such providers for March 2020 and each of the
by basing the amount on— surge capacities and capabilities to increase
11 months following, disaggregated by age of
(I)(aa) at a minimum, the fixed costs asso- the availability of existing medical counter-
children served, geography, region, center-
ciated with the provision of child care serv- measures and utilize existing novel plat-
based child care setting, and family child
ices by a qualified child care provider; and forms to manufacture new medical counter-
care setting;
(bb) at the election of the lead agency, an measures to meet manufacturing demands to
(iii) the number of child care slots, in the address threats that pose a significant level
additional amount determined by the State,
capacity of a qualified child care provider of risk to national security; and’’;
for the purposes of assisting qualified child
given applicable group size limits and staff- (3) in subsection (c)—
care providers with, as applicable, increased
to-child ratios, that were open for attend- (A) in paragraph (2)—
operating costs and lost revenue, associated
ance of children on March 1, 2020, the aver- (i) in subparagraph (C), by striking ‘‘and’’
with the COVID–19 public health emergency;
and age number of such slots for March 2020 and at the end;
(II) any other methodology that the lead each of 11 months following, disaggregated (ii) in subparagraph (D), by striking the pe-
agency determines to be appropriate, and by age of children served, geography, region, riod and inserting ‘‘; and’’; and
which is disclosed in reporting submitted by center-based child care setting, and family (iii) by adding at the end the following:
the lead agency under subsection (f)(6)(B); child care setting; ‘‘(E) promoting domestic manufacturing
(ii) shall ensure that, for any period for (iv)(I) the number of qualified child care surge capacity and capabilities for counter-
which subgrant funds are disbursed under providers that received a subgrant under measure advanced research and develop-
this paragraph, no qualified child care pro- subsection (g)(4), disaggregated by age of ment, including facilitating contracts to
vider receives a subgrant installment that children served, geography, region, center- support flexible or surge manufacturing.’’;
when added to current revenue for that pe- based child care setting, and family child (B) in paragraph (4)—
riod exceeds the revenue for the cor- care setting, and the average and range of (i) in subparagraph (B)—
responding period 1 year prior; and the amounts of the subgrants awarded; and (I) in clause (iii), by striking ‘‘and’’ at the
(iii) may factor in decreased operating ca- (II) the percentage of all eligible child care end;
pacity due to updated group size limits and providers that are qualified child care pro- (II) in clause (iv), by striking the period
staff-to-child ratios, in determining subgrant viders that received such a subgrant, and inserting ‘‘; and’’; and
installment amounts. disaggregated as described in subclause (I); (III) by adding at the end the following:
(F) REPAYMENT OF SUBGRANT FUNDS.—A and ‘‘(v) support and maintain domestic manu-
qualified child care provider that receives a (v) information concerning how qualified facturing surge capacity and capabilities, in-
subgrant under this paragraph shall be re- child care providers receiving subgrants cluding through contracts to support flexible
quired to repay the subgrant funds if the under subsection (g)(4) used the subgrant or surge manufacturing, to ensure that addi-
lead agency determines that the provider funding received, disaggregated by the allow- tional production of countermeasures is
fails to provide the assurances described in able uses of funds described in subsection available in the event that the Secretary de-
subparagraph (C)(ii)(II), or to comply with (g)(4)(B). termines there is such a need for additional
such an assurance. (B) REPORT TO CONGRESS.—Not later than production.’’;
(5) SUPPLEMENT NOT SUPPLANT.—Amounts 90 days after receiving the lead agency re- (ii) in subparagraph (D)—
made available to carry out this section ports required under subparagraph (A), the (I) in clause (ii), by striking ‘‘and’’ at the
shall be used to supplement and not supplant Secretary shall make publicly available and end;
other Federal, State, tribal, and local public provide to the Committee on Health, Edu- (II) by redesignating clause (iii) as clause
funds expended to provide child care serv- cation, Labor, and Pensions of the Senate (iv); and
ices, including funds provided under the and the Committee on Education and Labor (III) by inserting after clause (ii) the fol-
Child Care and Development Block Grant of the House of Representatives a report lowing:
Act of 1990 (42 U.S.C. 9857 et seq.) and State summarizing the findings of the lead agency ‘‘(iii) research to advance manufacturing
and tribal child care programs. reports. capacities and capabilities for medical coun-
(h) DOCUMENTATION AND REPORTING RE- (i) AUTHORIZATION OF APPROPRIATIONS.— termeasures and platform technologies that
QUIREMENTS.— may be utilized for medical counter-
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There are authorized to be appropriated such
(1) DOCUMENTATION.—A State, Indian tribe, sums as may be necessary to carry out the measures; and’’; and
or tribal organization receiving a grant activities under this section. (iii) in subparagraph (E), by striking clause
under subsection (c) shall provide docu- (ix); and
mentation of any State or tribal expendi- (j) EXCLUSION FROM INCOME.—For purposes (C) in paragraph (7)(C)(i), by striking ‘‘up
tures from grant funds received under sub- of the Internal Revenue Code of 1986, gross to 100 highly qualified individuals, or up to
section (c) in accordance with section income shall not include any amount re- 50 percent of the total number of employees,
658K(b) of the Child Care Development Block ceived by a qualified child care provider whichever is less,’’ and inserting ‘‘75 percent
Grant Act of 1990 (42 U.S.C. 9858i(b)), and to under this section. of the total number of employees’’;
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5971
(4) in subsection (e)(1)— the agreement, consistent with the require- and for the physical security of the stock-
(A) by redesignating subparagraphs (B) ments of paragraph (3). pile, as appropriate.
through (D) as subparagraphs (C) through ‘‘(B) LIMITATION.—The Secretary may ‘‘(F) Reviewing and revising, as appro-
(E), respectively; and make an award under this subsection to not priate, the contents of the stockpile on a
(B) by inserting after subparagraph (A), more than one eligible entity in each State. regular basis to ensure that to the extent
the following: ‘‘(C) SUPPLEMENT NOT SUPPLANT.—Awards, practicable, advanced technologies and med-
‘‘(B) TEMPORARY FLEXIBILITY.—During a contracts, or grants awarded under this sub- ical products are considered.
public health emergency under section 319, section shall supplement, not supplant, the ‘‘(G) Carrying out exercises, drills, and
the Secretary shall be provided with an addi- reserve amounts of medical supplies pro- other training for purposes of stockpile de-
tional 60 business days to comply with infor- cured by and for the Strategic National ployment, dispensing, and administration of
mation requests for the disclosure of infor- Stockpile under subsection (a). medical products, and for purposes of assess-
mation under section 552 of title 5, United ‘‘(D) ADMINISTRATIVE EXPENSES.—Not more ing the capability of such stockpile to ad-
States Code, related to the activities under than 5 percent of amounts received by an en- dress the medical supply needs of public
this section (unless such activities are other- tity pursuant to an award under this sub- health emergencies of varying types and
wise exempt under subparagraph (A)).’’; and section may be used for administrative ex- scales, which may be conducted in accord-
(5) in subsection (f)— penses. ance with requirements related to exercises,
(A) in paragraph (1), by striking ‘‘Not later ‘‘(E) CLARIFICATION.—An eligible entity re- drills, and other training for recipients of
than 180 days after the date of enactment of ceiving an award under this subsection may awards under section 319C–1 or 319C–2, as ap-
this subsection’’ and inserting ‘‘Not later assign a lead entity to manage the State
plicable.
than 180 days after the date of enactment of stockpile, which may be a recipient of an
‘‘(H) Carrying out other activities as the
the Delivering Immediate Relief to Amer- award under section 319C–2(b).
State determines appropriate, to support
ica’s Families, Schools and Small Businesses ‘‘(F) REQUIREMENT OF MATCHING FUNDS.—
State efforts to prepare for, and respond to,
Act’’; and ‘‘(i) IN GENERAL.—Subject to clause (ii), the
public health threats.
(B) in paragraph (2), by striking ‘‘Not later Secretary may not make an award under
‘‘(4) STATE PLAN COORDINATION.—The eligi-
than 1 year after the date of enactment of this subsection unless the applicant agrees,
with respect to the costs to be incurred by ble entity under this subsection shall ensure
this subsection’’ and inserting ‘‘Not later appropriate coordination of the State stock-
than 1 year after the date of enactment of the applicant in carrying out the purpose de-
scribed in this subsection, to make available pile plan developed pursuant to paragraph
theDelivering Immediate Relief to America’s (2)(A)(ii) and the plans required pursuant to
Families, Schools and Small Businesses non-Federal contributions toward such costs
in an amount equal to— section 319C–1.
Act’’. ‘‘(5) GUIDANCE FOR STATES.—Not later than
(b) MEDICAL COUNTERMEASURE INNOVATION ‘‘(I) for each of fiscal years 2023 and 2024,
not less than $1 for each $10 of Federal funds 180 days after the date of enactment of this
PARTNER.—The restrictions under section 202 subsection, the Secretary, acting through
of division A of the Further Consolidated Ap- provided in the award;
‘‘(II) for each of fiscal years 2025 and 2026, the Assistant Secretary for Preparedness and
propriations Act, 2020 (Public Law 116–94), or Response, shall issue guidance for States re-
not less than $1 for each $5 of Federal funds
any other provision of law imposing a re- lated to maintaining and replenishing a
provided in the award; and
striction on salaries of individuals related to stockpile of medical products. The Secretary
‘‘(III) for fiscal year 2027 and each fiscal
a previous appropriation to the Department shall update such guidance as appropriate.
year thereafter, not less than $1 for each $3
of Health and Human Services, shall not ‘‘(6) ASSISTANCE TO STATES.—The Secretary
of Federal funds provided in the award.
apply with respect to salaries paid pursuant shall provide assistance to States, including
‘‘(ii) WAIVER.—
to an agreement under the medical counter- technical assistance, as appropriate, to
‘‘(I) IN GENERAL.—The Secretary may, upon
measure innovation partner program under maintain and improve State and local public
the request of a State, waive the require-
section 319L(c)(4)(E) of the Public Health ment under clause (i) in whole or in part if health preparedness capabilities to dis-
Service Act (42 U.S.C. 247d–7e(c)(4)(E)). the Secretary determines that extraordinary tribute and dispense medical products from a
SEC. 7002. IMPROVING AND SUSTAINING STATE economic conditions in the State in the fis- State stockpile.
MEDICAL STOCKPILES. cal year involved or in the previous fiscal ‘‘(7) COORDINATION WITH THE STRATEGIC NA-
Section 319F–2 of the Public Health Service year justify the waiver. TIONAL STOCKPILE.—Each recipient of an
Act (42 U.S.C. 247d–6b) is amended by adding ‘‘(II) APPLICABILITY OF WAIVER.—A waiver award under this subsection shall ensure
at the end the following: provided by the Secretary under this sub- that the State stockpile plan developed pur-
‘‘(i) IMPROVING AND MAINTAINING STATE paragraph shall apply only to the fiscal year suant to paragraph (2)(A)(ii) contains such
MEDICAL STOCKPILES.— involved. information as the Secretary may require re-
‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE- lated to current inventory of supplies main-
through the Assistant Secretary for Pre- MENTS.—A recipient of a grant, contract, or tained pursuant to paragraph (3), and any
paredness and Response, shall award grants, cooperative agreement under this subsection plans to replenish such supplies, or procure
contracts, or cooperative agreements to eli- shall use such funds to carry out the fol- new or alternative supplies. The Secretary
gible entities to maintain a stockpile of ap- lowing: shall use information obtained from State
propriate drugs, vaccines and other biologi- ‘‘(A) Maintaining a stockpile of appro- stockpile plans to inform the maintenance
cal products, medical devices, and other priate drugs, vaccines and other biological and management of the Strategic National
medical supplies (including personal protec- products, medical devices, and other supplies Stockpile pursuant to subsection (a).
tive equipment, ancillary medical supplies, (including personal protective equipment, ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.—
and other applicable supplies required for ancillary medical supplies, and other appli- ‘‘(A) IN GENERAL.—The Secretary, acting
the administration of drugs, vaccines and cable supplies required for the administra- through the Assistant Secretary for Pre-
other biological products, medical devices, tion of drugs, vaccines and other biological paredness and Response, shall develop and
and diagnostic tests) to be used during a pub- products, medical devices, and diagnostic implement a process to review and audit en-
lic health emergency declared by the Gov- tests) to be used during a public health emer- tities in receipt of an award under this sub-
ernor of a State or by the Secretary under gency in such numbers, types, and amounts section, including by establishing metrics to
section 319, or a major disaster or emergency as the State determines necessary, con- ensure that each entity receiving such an
declared by the President under section 401 sistent with such State’s stockpile plan. award is carrying out activities in accord-
or 501, respectively, of the Robert T. Stafford Such a recipient may not use funds to sup- ance with the applicable State stockpile
Disaster Relief and Emergency Assistance port the stockpiling of countermeasures as plan. The Secretary may require entities
Act, in order to support the preparedness defined under subsection (c), unless the eligi- to—
goals described in paragraphs (2), (3), and (8) ble entity provides justification for main- ‘‘(i) measure progress toward achieving the
of section 2802(b). taining such products and the Secretary de- outcome goals; and
‘‘(2) ELIGIBLE ENTITIES.— termines such appropriate and applicable. ‘‘(ii) at least annually, test, exercise, and
‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(B) Deploying the stockpile as required by rigorously evaluate the stockpile capacity
an award under paragraph (1), an entity the State to respond to an actual or poten- and response capabilities of the entity, and
shall— tial public health emergency. report to the Secretary on the results of such
‘‘(i) be a State or consortium of States ‘‘(C) Replenishing and making necessary test, exercise, and evaluation, and on
that is a recipient of an award under section additions or modifications to the contents of progress toward achieving outcome goals,
319C–1(b); and such stockpile or stockpiles, including to ad- based on criteria established by the Sec-
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‘‘(ii) prepare, in consultation with appro- dress potential depletion. retary.
priate health care providers and health offi- ‘‘(D) In consultation with Federal, State, ‘‘(B) NOTIFICATION OF FAILURE.—The Sec-
cials within the State or consortium of and local officials, take into consideration retary shall develop and implement a process
States, and submit to the Secretary an appli- the availability, deployment, dispensing, and to notify entities that are determined by the
cation that contains such information as the administration requirements of medical Secretary to have failed to meet the require-
Secretary may require, including a plan for products within the stockpile. ments of the terms of an award under this
the State stockpile and a description of the ‘‘(E) Ensuring that procedures are followed subsection. Such process shall provide such
activities such entity will carry out under for inventory management and accounting, entities with the opportunity to correct such
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S5972 CONGRESSIONAL RECORD — SENATE September 30, 2020
noncompliance. An entity that fails to cor- (2) in subsection (c)(2)(C), by striking ‘‘on (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’
rect such noncompliance shall be subject to an annual basis’’ and inserting ‘‘not later has the meaning given the term in section 4
subparagraph (C). than March 15 of each year’’. of the Indian Self-Determination and Edu-
‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS TITLE VIII—CORONAVIRUS RELIEF FUND cation Assistance Act (25 U.S.C. 5304).
FROM ENTITIES THAT FAIL TO ACHIEVE BENCH- EXTENSION (4) SECRETARY.—The term ‘‘Secretary’’
MARKS OR SUBMIT STATE STOCKPILE PLAN.— means the Secretary of the Interior.
SEC. 8001. EXTENSION OF PERIOD TO USE
Beginning with fiscal year 2022, and in each CORONAVIRUS RELIEF FUND PAY- (5) STATE.—The term ‘‘State’’ means—
succeeding fiscal year, the Secretary shall MENTS. (A) a State;
withhold from each entity that has failed Section 601(d)(3) of the Social Security Act (B) the District of Columbia;
substantially to meet the terms of an award (42 U.S.C. 801(d)(3)) is amended by striking (C) the Commonwealth of Puerto Rico;
under this subsection for at least 1 of the 2 ‘‘December 30, 2020’’ and inserting ‘‘Sep- (D) Guam;
immediately preceding fiscal years (begin- tember 30, 2021’’. (E) American Samoa;
ning with fiscal year 2022), the amount al- (F) the Commonwealth of the Northern
lowed for administrative expenses described TITLE IX—CHARITABLE GIVING
Mariana Islands; and
in described in paragraph (2)(D). SEC. 9001. INCREASE IN LIMITATION ON PARTIAL (G) the United States Virgin Islands.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— ABOVE THE LINE DEDUCTION FOR
CHARITABLE CONTRIBUTIONS. (b) POLICY.—
For the purpose of carrying out this sub-
(a) INCREASE.— (1) IN GENERAL.—Section 3 of the National
section, there are authorized to be appro-
(1) IN GENERAL.—Paragraph (22) of section Materials and Minerals Policy, Research and
priated $1,000,000,000 for each of fiscal years
62(a) of the Internal Revenue Code of 1986 is Development Act of 1980 (30 U.S.C. 1602) is
2021 through 2030, to remain available until
amended to read as follows: amended in the second sentence—
expended.’’.
‘‘(22) CHARITABLE CONTRIBUTIONS.—In the (A) by striking paragraph (3) and inserting
SEC. 7003. STRENGTHENING THE STRATEGIC NA- the following:
TIONAL STOCKPILE.
case of a taxable year beginning in 2020 of an
individual to whom section 63(b) applies for ‘‘(3) establish an analytical and forecasting
Section 319F–2 of the Public Health Service such taxable year, the deduction under sec- capability for identifying critical mineral
Act (42 U.S.C. 247d–6b) is amended— tion 170(a) (determined without regard to demand, supply, and other factors to allow
(1) in subsection (a)— section 170(b)) for qualified charitable con- informed actions to be taken to avoid supply
(A) in paragraph (2)(A), by adding ‘‘and the tributions (not in excess of the applicable shortages, mitigate price volatility, and pre-
contracts issued under paragraph (5)’’ after amount).’’. pare for demand growth and other market
‘‘paragraph (1)’’ (2) APPLICABLE AMOUNT.—Paragraph (1) of shifts;’’;
(B) in paragraph (3)(F), by striking ‘‘Sec- section 62(f) of the Internal Revenue Code of (B) in paragraph (6), by striking ‘‘and’’
retary of Homeland Security’’ and inserting 1986 is amended to read as follows: after the semicolon at the end; and
‘‘Secretary of Health and Human Services, in ‘‘(1) APPLICABLE AMOUNT.—The term ‘appli- (C) by striking paragraph (7) and inserting
coordination with or at the request of, the cable amount’ means $600 (twice such the following:
Secretary of Homeland Security,’’; amount in the case of a joint return).’’. ‘‘(7) facilitate the availability, develop-
(C) by redesignating paragraph (5) as para- (3) CONFORMING AMENDMENT.—Section ment, and environmentally responsible pro-
graph (6); 62(f)(2)(B) of such Code is amended by strik- duction of domestic resources to meet na-
(D) by inserting after paragraph (4) the fol- ing ‘‘(determined without regard to sub- tional material or critical mineral needs;
lowing: section (b) thereof)’’. ‘‘(8) avoid duplication of effort, prevent un-
‘‘(5) SURGE CAPACITY.—The Secretary, in (b) PENALTY FOR UNDERPAYMENTS ATTRIB- necessary paperwork, and minimize delays in
maintaining the stockpile under paragraph UTABLE TO OVERSTATED DEDUCTION.— the administration of applicable laws (in-
(1) and carrying out procedures under para- (1) IN GENERAL.—Section 6662(b) of the In- cluding regulations) and the issuance of per-
graph (3), may— ternal Revenue Code of 1986 is amended by mits and authorizations necessary to explore
‘‘(A) enter into contracts or cooperative inserting after paragraph (8) the following: for, develop, and produce critical minerals
agreements with vendors for procurement, ‘‘(9) Any overstatement of qualified chari- and to construct critical mineral manufac-
maintenance, and storage of reserve amounts table contributions (as defined in section turing facilities in accordance with applica-
of drugs, vaccines and other biological prod- 62(f)).’’. ble environmental and land management
ucts, medical devices, and other medical sup- (2) INCREASED PENALTY.—Section 6662 of laws;
plies (including personal protective equip- such Code is amended by adding at the end ‘‘(9) strengthen—
ment, ancillary medical supplies, and other the following new subsection: ‘‘(A) educational and research capabilities
applicable supplies required for the adminis- ‘‘(l) INCREASE IN PENALTY IN CASE OF OVER- at not lower than the secondary school level;
tration of drugs, vaccines and other biologi- STATEMENT OF QUALIFIED CHARITABLE CON- and
cal products, medical devices, and diagnostic TRIBUTIONS.—In the case of any portion of an ‘‘(B) workforce training for exploration
tests in the stockpile), under such terms and underpayment which is attributable to one and development of critical minerals and
conditions (including quantity, production or more overstatements of a qualified chari- critical mineral manufacturing;
schedule, maintenance costs, and price of table contribution (as defined in section ‘‘(10) bolster international cooperation
product) as the Secretary may specify, in- 62(f)), subsection (a) shall be applied with re- through technology transfer, information
cluding for purposes of— spect to such portion by substituting ‘50 per- sharing, and other means;
‘‘(i) maintenance and storage of reserve cent’ for ‘20 percent’.’’. ‘‘(11) promote the efficient production, use,
amounts of products intended to be delivered (3) EXCEPTION TO APPROVAL OF ASSESS- and recycling of critical minerals;
to the ownership of the Federal Government MENT.—Section 6751(b)(2)(A) is amended by ‘‘(12) develop alternatives to critical min-
under the contract, which may consider striking ‘‘or 6655’’ and inserting ‘‘6655, or 6662 erals; and
costs of shipping, or otherwise transporting, (but only with respect to an addition to tax ‘‘(13) establish contingencies for the pro-
handling, storage, and related costs for such by reason of subsection (b)(9) thereof)’’. duction of, or access to, critical minerals for
product or products; and (c) EFFECTIVE DATE.—The amendments which viable sources do not exist within the
‘‘(ii) maintaining domestic manufacturing made by this section shall apply to taxable United States.’’.
capacity of such products to ensure addi- years beginning after December 31, 2019. (2) CONFORMING AMENDMENT.—Section 2(b)
tional reserved production capacity of such of the National Materials and Minerals Pol-
products is available, and that such products TITLE X—CRITICAL MINERALS
icy, Research and Development Act of 1980
are provided in a timely manner, to be deliv- SEC. 10001. MINERAL SECURITY. (30 U.S.C. 1601(b)) is amended by striking ‘‘(b)
ered to the ownership of the Federal Govern- (a) DEFINITIONS.—In this section: As used in this Act, the term’’ and inserting
ment under the contract and deployed in the (1) BYPRODUCT.—The term ‘‘byproduct’’ the following:
event that the Secretary determines that means a critical mineral—
there is a need to quickly purchase addi- (A) the recovery of which depends on the ‘‘(b) DEFINITIONS.—In this Act:
tional quantities of such product; and production of a host mineral that is not des- ‘‘(1) CRITICAL MINERAL.—The term ‘critical
‘‘(B) promulgate such regulations as the ignated as a critical mineral; and mineral’ means any mineral, element, sub-
Secretary determines necessary to imple- (B) that exists in sufficient quantities to stance, or material designated as critical by
ment this paragraph.’’; and be recovered during processing or refining. the Secretary under section 3168(c) of the Na-
(E) in subparagraph (A) of paragraph (6), as (2) CRITICAL MINERAL.— tional Defense Authorization Act for Fiscal
so redesignated— (A) IN GENERAL.—The term ‘‘critical min- Year 2021.
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(i) in clause (viii), by striking ‘‘; and’’ and eral’’ means any mineral, element, sub- ‘‘(2) MATERIALS.—The term’’.
inserting a semicolon; stance, or material designated as critical by (c) CRITICAL MINERAL DESIGNATIONS.—
(ii) in clause (ix), by striking the period the Secretary under subsection (c). (1) DRAFT METHODOLOGY AND LIST.—The
and inserting ‘‘; and’’; and (B) EXCLUSIONS.—The term ‘‘critical min- Secretary, acting through the Director of
(iii) by adding at the end the following: eral’’ does not include— the United States Geological Survey (re-
‘‘(x) an assessment of the contracts or co- (i) fuel minerals, including oil, natural gas, ferred to in this subsection as the ‘‘Sec-
operative agreements entered into pursuant or any other fossil fuels; or retary’’), shall publish in the Federal Reg-
to paragraph (5).’’; and (ii) water, ice, or snow. ister for public comment—
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5973
(A) a description of the draft methodology (iii) designate additional minerals, ele- (8) REPORT.—Not later than 2 years after
used to identify a draft list of critical min- ments, substances, or materials as critical the date of enactment of this Act, the Sec-
erals; minerals. retary shall submit to Congress a report de-
(B) a draft list of minerals, elements, sub- (6) NOTICE.—On finalization of the method- scribing the status of geological surveying of
stances, and materials that qualify as crit- ology and the list under paragraph (3), or any Federal land for any mineral commodity—
ical minerals; and revision to the methodology or list under (A) for which the United States was de-
(C) a draft list of critical minerals recov- paragraph (5), the Secretary shall submit to pendent on a foreign country for more than
ered as byproducts. Congress written notice of the action. 25 percent of the United States supply, as de-
(2) AVAILABILITY OF DATA.—If available (d) RESOURCE ASSESSMENT.— picted in the report issued by the United
data is insufficient to provide a quantitative (1) IN GENERAL.—Not later than 4 years States Geological Survey entitled ‘‘Mineral
basis for the methodology developed under after the date of enactment of this Act, in
Commodity Summaries 2020’’; but
this subsection, qualitative evidence may be consultation with applicable State (includ-
(B) that is not designated as a critical min-
used to the extent necessary. ing geological surveys), local, academic, in-
eral under subsection (c).
(3) FINAL METHODOLOGY AND LIST.—After dustry, and other entities, the Secretary
(acting through the Director of the United (e) PERMITTING.—
reviewing public comments on the draft
States Geological Survey) or a designee of (1) SENSE OF CONGRESS.—It is the sense of
methodology and the draft lists published
the Secretary, shall complete a comprehen- Congress that—
under paragraph (1) and updating the meth-
sive national assessment of each critical (A) critical minerals are fundamental to
odology and lists as appropriate, not later
mineral that— the economy, competitiveness, and security
than 45 days after the date on which the pub-
(A) identifies and quantifies known critical of the United States;
lic comment period with respect to the draft mineral resources, using all available public
methodology and draft lists closes, the Sec- (B) to the maximum extent practicable,
and private information and datasets, in- the critical mineral needs of the United
retary shall publish in the Federal Reg- cluding exploration histories; and
ister— States should be satisfied by minerals re-
(B) provides a quantitative and qualitative sponsibly produced and recycled in the
(A) a description of the final methodology assessment of undiscovered critical mineral
for determining which minerals, elements, United States; and
resources throughout the United States, in- (C) the Federal permitting process has
substances, and materials qualify as critical cluding probability estimates of tonnage and
minerals; been identified as an impediment to mineral
grade, using all available public and private
(B) the final list of critical minerals; and production and the mineral security of the
information and datasets, including explo-
(C) the final list of critical minerals recov- United States.
ration histories.
ered as byproducts. (2) PERFORMANCE IMPROVEMENTS.—To im-
(2) SUPPLEMENTARY INFORMATION.—In car-
(4) DESIGNATIONS.— rying out this subsection, the Secretary may prove the quality and timeliness of decisions,
(A) IN GENERAL.—For purposes of carrying carry out surveys and field work (including the Secretary (acting through the Director
out this subsection, the Secretary shall drilling, remote sensing, geophysical sur- of the Bureau of Land Management) and the
maintain a list of minerals, elements, sub- veys, topographical and geological mapping, Secretary of Agriculture (acting through the
stances, and materials designated as critical, and geochemical sampling and analysis) to Chief of the Forest Service) (referred to in
pursuant to the final methodology published supplement existing information and this subsection as the ‘‘Secretaries’’) shall,
under paragraph (3), that the Secretary de- datasets available for determining the exist- to the maximum extent practicable, with re-
termines— ence of critical minerals in the United spect to critical mineral production on Fed-
(i) are essential to the economic or na- States. eral land, complete Federal permitting and
tional security of the United States; (3) PUBLIC ACCESS.—Subject to applicable review processes with maximum efficiency
(ii) the supply chain of which is vulnerable law, to the maximum extent practicable, the and effectiveness, while supporting vital eco-
to disruption (including restrictions associ- Secretary shall make all data and metadata nomic growth, by—
ated with foreign political risk, abrupt de- collected from the comprehensive national (A) establishing and adhering to timelines
mand growth, military conflict, violent un- assessment carried out under paragraph (1) and schedules for the consideration of, and
rest, anti-competitive or protectionist be- publically and electronically accessible. final decisions regarding, applications, oper-
haviors, and other risks throughout the sup- (4) TECHNICAL ASSISTANCE.—At the request ating plans, leases, licenses, permits, and
ply chain); and of the Governor of a State or the head of an other use authorizations for mineral-related
(iii) serve an essential function in the man- Indian tribe, the Secretary may provide activities on Federal land;
ufacturing of a product (including energy technical assistance to State governments (B) establishing clear, quantifiable, and
technology-, defense-, currency-, agriculture- and Indian tribes conducting critical mineral temporal permitting performance goals and
, consumer electronics-, and health care-re- resource assessments on non-Federal land. tracking progress against those goals;
lated applications), the absence of which (5) PRIORITIZATION.— (C) engaging in early collaboration among
would have significant consequences for the (A) IN GENERAL.—The Secretary may se- agencies, project sponsors, and affected
economic or national security of the United quence the completion of resource assess- stakeholders—
States. ments for each critical mineral such that
(i) to incorporate and address the interests
(B) INCLUSIONS.—Notwithstanding the cri- critical minerals considered to be most crit-
of those parties; and
teria under paragraph (3), the Secretary may ical under the methodology established
(ii) to minimize delays;
designate and include on the list any min- under subsection (c) are completed first.
(D) ensuring transparency and account-
eral, element, substance, or material deter- (B) REPORTING.—During the period begin-
ability by using cost-effective information
mined by another Federal agency to be stra- ning not later than 1 year after the date of
tegic and critical to the defense or national enactment of this Act and ending on the date technology to collect and disseminate infor-
security of the United States. of completion of all of the assessments re- mation regarding individual projects and
(C) REQUIRED CONSULTATION.—The Sec- quired under this subsection, the Secretary agency performance;
retary shall consult with the Secretaries of shall submit to Congress on an annual basis (E) engaging in early and active consulta-
Defense, Commerce, Agriculture, and Energy an interim report that— tion with State, local, and Indian tribal gov-
and the United States Trade Representative (i) identifies the sequence and schedule for ernments to avoid conflicts or duplication of
in designating minerals, elements, sub- completion of the assessments if the Sec- effort, resolve concerns, and allow for con-
stances, and materials as critical under this retary sequences the assessments; or current, rather than sequential, reviews;
paragraph. (ii) describes the progress of the assess- (F) providing demonstrable improvements
(5) SUBSEQUENT REVIEW.— ments if the Secretary does not sequence the in the performance of Federal permitting
(A) IN GENERAL.—The Secretary, in con- assessments. and review processes, including lower costs
sultation with the Secretaries of Defense, (6) UPDATES.—The Secretary may periodi- and more timely decisions;
Commerce, Agriculture, and Energy and the cally update the assessments conducted (G) expanding and institutionalizing per-
United States Trade Representative, shall under this subsection based on— mitting and review process improvements
review the methodology and list under para- (A) the generation of new information or that have proven effective;
graph (3) and the designations under para- datasets by the Federal Government; or (H) developing mechanisms to better com-
graph (4) at least every 3 years, or more fre- (B) the receipt of new information or municate priorities and resolve disputes
quently as the Secretary considers to be ap- datasets from critical mineral producers, among agencies at the national, regional,
propriate. State geological surveys, academic institu- State, and local levels; and
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(B) REVISIONS.—Subject to paragraph tions, trade associations, or other persons. (I) developing other practices, such as
(4)(A), the Secretary may— (7) ADDITIONAL SURVEYS.—The Secretary preapplication procedures.
(i) revise the methodology described in this shall complete a resource assessment for (3) REVIEW AND REPORT.—Not later than 1
subsection; each additional mineral or element subse- year after the date of enactment of this Act,
(ii) determine that minerals, elements, quently designated as a critical mineral the Secretaries shall submit to Congress a
substances, and materials previously deter- under subsection (c)(5)(B) not later than 2 report that—
mined to be critical minerals are no longer years after the designation of the mineral or (A) identifies additional measures (includ-
critical minerals; and element. ing regulatory and legislative proposals, as
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S5974 CONGRESSIONAL RECORD — SENATE September 30, 2020
appropriate) that would increase the timeli- (1) DEPARTMENTAL REVIEW.—Absent any ex- ject to potential supply restrictions, that
ness of permitting activities for the explo- traordinary circumstance, and except as oth- lessen the need for critical minerals; and
ration and development of domestic critical erwise required by law, the Secretary and (F) alternative energy technologies or al-
minerals; the Secretary of Agriculture shall ensure ternative designs of existing energy tech-
(B) identifies options (including cost recov- that each Federal Register notice described nologies, particularly those that use min-
ery paid by permit applicants) for ensuring in paragraph (2) shall be— erals that—
adequate staffing and training of Federal en- (A) subject to any required reviews within (i) occur in abundance in the United
tities and personnel responsible for the con- the Department of the Interior or the De- States; and
sideration of applications, operating plans, partment of Agriculture; and (ii) are not subject to potential supply re-
leases, licenses, permits, and other use au- (B) published in final form in the Federal strictions.
thorizations for critical mineral-related ac- Register not later than 45 days after the date (4) REPORTS.—Not later than 2 years after
tivities on Federal land; of initial preparation of the notice. the date of enactment of this Act, and annu-
(C) quantifies the amount of time typically (2) PREPARATION.—The preparation of Fed- ally thereafter, the Secretary shall submit
required (including range derived from min- eral Register notices required by law associ- to Congress a report summarizing the activi-
imum and maximum durations, mean, me- ated with the issuance of a critical mineral ties, findings, and progress of the program.
dian, variance, and other statistical meas- exploration or mine permit shall be dele-
ures or representations) to complete each gated to the organizational level within the (h) ANALYSIS AND FORECASTING.—
step (including those aspects outside the agency responsible for issuing the critical (1) CAPABILITIES.—In order to evaluate ex-
control of the executive branch, such as judi- mineral exploration or mine permit. isting critical mineral policies and inform
cial review, applicant decisions, or State and (3) TRANSMISSION.—All Federal Register future actions that may be taken to avoid
local government involvement) associated notices regarding official document avail- supply shortages, mitigate price volatility,
with the development and processing of ap- ability, announcements of meetings, or no- and prepare for demand growth and other
plications, operating plans, leases, licenses, tices of intent to undertake an action shall market shifts, the Secretary (acting through
permits, and other use authorizations for be originated in, and transmitted to the Fed- the Director of the United States Geological
critical mineral-related activities on Federal eral Register from, the office in which, as ap- Survey) or a designee of the Secretary, in
land, which shall serve as a baseline for the plicable— consultation with the Energy Information
performance metric under paragraph (4); and (A) the documents or meetings are held; or Administration, academic institutions, and
(D) describes actions carried out pursuant (B) the activity is initiated. others in order to maximize the application
to paragraph (2). (g) RECYCLING, EFFICIENCY, AND ALTER- of existing competencies related to devel-
(4) PERFORMANCE METRIC.—Not later than NATIVES.— oping and maintaining computer-models and
90 days after the date of submission of the (1) ESTABLISHMENT.—The Secretary of En- similar analytical tools, shall conduct and
report under paragraph (3), the Secretaries, ergy (referred to in this subsection as the publish the results of an annual report that
after providing public notice and an oppor- ‘‘Secretary’’) shall conduct a program of re- includes—
tunity to comment, shall develop and pub- search and development— (A) as part of the annually published Min-
lish a performance metric for evaluating the (A) to promote the efficient production, eral Commodity Summaries from the United
progress made by the executive branch to ex- use, and recycling of critical minerals States Geological Survey, a comprehensive
pedite the permitting of activities that will throughout the supply chain; and review of critical mineral production, con-
increase exploration for, and development of, (B) to develop alternatives to critical min- sumption, and recycling patterns, includ-
domestic critical minerals, while maintain- erals that do not occur in significant abun- ing—
ing environmental standards. dance in the United States.
(i) the quantity of each critical mineral do-
(5) ANNUAL REPORTS.—Beginning with the (2) COOPERATION.—In carrying out the pro-
mestically produced during the preceding
first budget submission by the President gram, the Secretary shall cooperate with ap-
year;
under section 1105 of title 31, United States propriate—
(ii) the quantity of each critical mineral
Code, after publication of the performance (A) Federal agencies and National Labora-
domestically consumed during the preceding
metric required under paragraph (4), and an- tories;
(B) critical mineral producers; year;
nually thereafter, the Secretaries shall sub-
(C) critical mineral processors; (iii) market price data or other price data
mit to Congress a report that—
(D) critical mineral manufacturers; for each critical mineral;
(A) summarizes the implementation of rec-
(E) trade associations; (iv) an assessment of—
ommendations, measures, and options identi-
fied in subparagraphs (A) and (B) of para- (F) academic institutions; (I) critical mineral requirements to meet
graph (3); (G) small businesses; and the national security, energy, economic, in-
(B) using the performance metric under (H) other relevant entities or individuals. dustrial, technological, and other needs of
paragraph (4), describes progress made by the (3) ACTIVITIES.—Under the program, the the United States during the preceding year;
executive branch, as compared to the base- Secretary shall carry out activities that in- (II) the reliance of the United States on
line established pursuant to paragraph (3)(C), clude the identification and development foreign sources to meet those needs during
on expediting the permitting of activities of— the preceding year; and
that will increase exploration for, and devel- (A) advanced critical mineral extraction, (III) the implications of any supply short-
opment of, domestic critical minerals; and production, separation, alloying, or proc- ages, restrictions, or disruptions during the
(C) compares the United States to other essing technologies that decrease the energy preceding year;
countries in terms of permitting efficiency consumption, environmental impact, and (v) the quantity of each critical mineral
and any other criteria relevant to the glob- costs of those activities, including— domestically recycled during the preceding
ally competitive critical minerals industry. (i) efficient water and wastewater manage- year;
(6) INDIVIDUAL PROJECTS.—Using data from ment strategies; (vi) the market penetration during the pre-
the Secretaries generated under paragraph (ii) technologies and management strate- ceding year of alternatives to each critical
(5), the Director of the Office of Management gies to control the environmental impacts of mineral;
and Budget shall prioritize inclusion of indi- radionuclides in ore tailings; (vii) a discussion of international trends
vidual critical mineral projects on the (iii) technologies for separation and proc- associated with the discovery, production,
website operated by the Office of Manage- essing; and consumption, use, costs of production,
ment and Budget in accordance with section (iv) technologies for increasing the recov- prices, and recycling of each critical mineral
1122 of title 31, United States Code. ery rates of byproducts from host metal ores; as well as the development of alternatives to
(7) REPORT OF SMALL BUSINESS ADMINISTRA- (B) technologies or process improvements critical minerals; and
TION.—Not later than 1 year and 300 days that minimize the use, or lead to more effi- (viii) such other data, analyses, and eval-
after the date of enactment of this Act, the cient use, of critical minerals across the full uations as the Secretary finds are necessary
Administrator of the Small Business Admin- supply chain; to achieve the purposes of this subsection;
istration shall submit to the applicable com- (C) technologies, process improvements, or and
mittees of Congress a report that assesses design optimizations that facilitate the recy- (B) a comprehensive forecast, entitled the
the performance of Federal agencies with re- cling of critical minerals, and options for im- ‘‘Annual Critical Minerals Outlook’’, of pro-
spect to— proving the rates of collection of products jected critical mineral production, consump-
(A) complying with chapter 6 of title 5, and scrap containing critical minerals from tion, and recycling patterns, including—
United States Code (commonly known as the post-consumer, industrial, or other waste (i) the quantity of each critical mineral
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‘‘Regulatory Flexibility Act’’), in promul- streams; projected to be domestically produced over
gating regulations applicable to the critical (D) commercial markets, advanced storage the subsequent 1-year, 5-year, and 10-year pe-
minerals industry; and methods, energy applications, and other ben- riods;
(B) performing an analysis of regulations eficial uses of critical minerals processing (ii) the quantity of each critical mineral
applicable to the critical minerals industry byproducts; projected to be domestically consumed over
that may be outmoded, inefficient, duplica- (E) alternative minerals, metals, and ma- the subsequent 1-year, 5-year, and 10-year pe-
tive, or excessively burdensome. terials, particularly those available in abun- riods;
(f) FEDERAL REGISTER PROCESS.— dance within the United States and not sub- (iii) an assessment of—
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5975
(I) critical mineral requirements to meet (F) the sufficiency of personnel within rel- (k) ADMINISTRATION.—
projected national security, energy, eco- evant areas of the Federal Government for (1) IN GENERAL.—The National Critical Ma-
nomic, industrial, technological, and other achieving the policies described in section 3 terials Act of 1984 (30 U.S.C. 1801 et seq.) is
needs of the United States; of the National Materials and Minerals Pol- repealed.
(II) the projected reliance of the United icy, Research and Development Act of 1980 (2) CONFORMING AMENDMENT.—Section 3(d)
States on foreign sources to meet those (30 U.S.C. 1602); and of the National Superconductivity and Com-
needs; and (G) the potential need for new training pro- petitiveness Act of 1988 (15 U.S.C. 5202(d)) is
(III) the projected implications of potential grams to have a measurable effect on the amended in the first sentence by striking ‘‘,
supply shortages, restrictions, or disrup- supply of trained workers in the critical with the assistance of the National Critical
tions; minerals industry. Materials Council as specified in the Na-
(iv) the quantity of each critical mineral (2) CURRICULUM STUDY.— tional Critical Materials Act of 1984 (30
projected to be domestically recycled over (A) IN GENERAL.—The Secretary and the U.S.C. 1801 et seq.),’’.
the subsequent 1-year, 5-year, and 10-year pe- Secretary of Labor shall jointly enter into (3) SAVINGS CLAUSES.—
riods; an arrangement with the National Academy (A) IN GENERAL.—Nothing in this section or
(v) the market penetration of alternatives of Sciences and the National Academy of En- an amendment made by this section modifies
to each critical mineral projected to take gineering under which the Academies shall any requirement or authority provided by—
place over the subsequent 1-year, 5-year, and coordinate with the National Science Foun- (i) the matter under the heading ‘‘GEOLOGI-
10-year periods; dation on conducting a study— CAL SURVEY’’ of the first section of the Act of
(vi) a discussion of reasonably foreseeable (i) to design an interdisciplinary program March 3, 1879 (43 U.S.C. 31(a)); or
international trends associated with the dis- on critical minerals that will support the (ii) the first section of Public Law 87–626
covery, production, consumption, use, costs critical mineral supply chain and improve (43 U.S.C. 31(b)).
of production, and recycling of each critical the ability of the United States to increase (B) EFFECT ON DEPARTMENT OF DEFENSE.—
mineral as well as the development of alter- domestic, critical mineral exploration, de- Nothing in this section or an amendment
natives to critical minerals; and velopment, production, manufacturing, re- made by this section affects the authority of
(vii) such other projections relating to search, including fundamental research into the Secretary of Defense with respect to the
each critical mineral as the Secretary deter- alternatives, and recycling; work of the Department of Defense on crit-
mines to be necessary to achieve the pur- (ii) to address undergraduate and graduate ical material supplies in furtherance of the
poses of this subsection. education, especially to assist in the devel- national defense mission of the Department
(2) PROPRIETARY INFORMATION.—In pre- opment of graduate level programs of re- of Defense.
paring a report described in paragraph (1), search and instruction that lead to advanced (C) SECRETARIAL ORDER NOT AFFECTED.—
the Secretary shall ensure, consistent with degrees with an emphasis on the critical This section shall not apply to any mineral
section 5(f) of the National Materials and mineral supply chain or other positions that described in Secretarial Order No. 3324,
Minerals Policy, Research and Development will increase domestic, critical mineral ex- issued by the Secretary on December 3, 2012,
Act of 1980 (30 U.S.C. 1604(f)), that— ploration, development, production, manu- in any area to which the order applies.
(A) no person uses the information and facturing, research, including fundamental (4) APPLICATION OF CERTAIN PROVISIONS.—
data collected for the report for a purpose research into alternatives, and recycling; (A) IN GENERAL.—Subsections (e) and (f)
(iii) to develop guidelines for proposals
other than the development of or reporting shall apply to—
from institutions of higher education with
of aggregate data in a manner such that the (i) an exploration project in which the
substantial capabilities in the required dis-
identity of the person or firm who supplied presence of a byproduct is reasonably ex-
ciplines for activities to improve the critical
the information is not discernible and is not pected, based on known mineral
mineral supply chain and advance the capac-
material to the intended uses of the informa- companionality, geologic formation, min-
ity of the United States to increase domes-
tion; eralogy, or other factors; and
tic, critical mineral exploration, research,
(B) no person discloses any information or (ii) a project that demonstrates that the
development, production, manufacturing,
data collected for the report unless the infor- byproduct is of sufficient grade that, when
and recycling; and
mation or data has been transformed into a combined with the production of a host min-
(iv) to outline criteria for evaluating per-
statistical or aggregate form that does not eral, the byproduct is economic to recover,
formance and recommendations for the
allow the identification of the person or firm as determined by the applicable Secretary in
amount of funding that will be necessary to
who supplied particular information; and accordance with subparagraph (B).
establish and carry out the program de-
(C) procedures are established to require (B) REQUIREMENT.—In making the deter-
scribed in paragraph (3).
the withholding of any information or data mination under subparagraph (A)(ii), the ap-
(B) REPORT.—Not later than 2 years after
collected for the report if the Secretary de- plicable Secretary shall consider the cost ef-
the date of enactment of this Act, the Sec-
termines that withholding is necessary to fectiveness of the byproducts recovery.
retary shall submit to Congress a description
protect proprietary information, including (l) AUTHORIZATION OF APPROPRIATIONS.—
of the results of the study required under
any trade secrets or other confidential infor- There is authorized to be appropriated to
subparagraph (A).
mation.
(3) PROGRAM.— carry out this section $50,000,000 for each of
(i) EDUCATION AND WORKFORCE.— (A) ESTABLISHMENT.—The Secretary and fiscal years 2021 through 2030.
(1) WORKFORCE ASSESSMENT.—Not later the Secretary of Labor shall jointly conduct
than 1 year and 300 days after the date of en- SEC. 10002. RARE EARTH ELEMENT ADVANCED
a competitive grant program under which in- COAL TECHNOLOGIES.
actment of this Act, the Secretary of Labor stitutions of higher education may apply for
(in consultation with the Secretary, the Di- and receive 4-year grants for— (a) PROGRAM FOR EXTRACTION AND RECOV-
rector of the National Science Foundation, (i) startup costs for newly designated fac- ERY OF RARE EARTH ELEMENTS AND MINERALS
institutions of higher education with sub- ulty positions in integrated critical mineral FROM COAL AND COAL BYPRODUCTS.—
stantial expertise in mining, institutions of education, research, innovation, training, (1) IN GENERAL.—The Secretary of Energy,
higher education with significant expertise and workforce development programs con- acting through the Assistant Secretary for
in minerals research, including fundamental sistent with paragraph (2); Fossil Energy (referred to in this section as
research into alternatives, and employers in (ii) internships, scholarships, and fellow- the ‘‘Secretary’’), shall carry out a program
the critical minerals sector) shall submit to ships for students enrolled in programs re- under which the Secretary shall develop ad-
Congress an assessment of the domestic lated to critical minerals; vanced separation technologies for the ex-
availability of technically trained personnel (iii) equipment necessary for integrated traction and recovery of rare earth elements
necessary for critical mineral exploration, critical mineral innovation, training, and and minerals from coal and coal byproducts.
development, assessment, production, manu- workforce development programs; and (2) AUTHORIZATION OF APPROPRIATIONS.—
facturing, recycling, analysis, forecasting, (iv) research of critical minerals and their There is authorized to be appropriated to the
education, and research, including an anal- applications, particularly concerning the Secretary to carry out the program de-
ysis of— manufacture of critical components vital to scribed in paragraph (1) $23,000,000 for each of
(A) skills that are in the shortest supply as national security. fiscal years 2021 through 2028.
of the date of the assessment; (B) RENEWAL.—A grant under this para-
(B) skills that are projected to be in short (b) REPORT.—Not later than 1 year after
graph shall be renewable for up to 2 addi- the date of enactment of this Act, the Sec-
supply in the future; tional 3-year terms based on performance
(C) the demographics of the critical min- retary shall submit to the Committee on En-
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criteria outlined under paragraph (2)(A)(iv).
erals industry and how the demographics (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL ergy and Natural Resources of the Senate
will evolve under the influence of factors DATA PRESERVATION PROGRAM.—Section and the Committee on Energy and Commerce
such as an aging workforce; 351(k) of the Energy Policy Act of 2005 (42 of the House of Representatives a report
(D) the effectiveness of training and edu- U.S.C. 15908(k)) is amended by striking evaluating the development of advanced sep-
cation programs in addressing skills short- ‘‘$30,000,000 for each of fiscal years 2006 aration technologies for the extraction and
ages; through 2010’’ and inserting ‘‘$5,000,000 for recovery of rare earth elements and minerals
(E) opportunities to hire locally for new each of fiscal years 2021 through 2030, to re- from coal and coal byproducts, including
and existing critical mineral activities; main available until expended’’. acid mine drainage from coal mines.
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S5976 CONGRESSIONAL RECORD — SENATE September 30, 2020
TITLE XI—MISCELLANEOUS PROVISIONS either directly or through reimbursement, than $2,000,000,000 shall be for the Strategic
SEC. 11001. EMERGENCY DESIGNATION. for obligations incurred to prevent, prepare National Stockpile under section 319F–2(a) of
(a) IN GENERAL.—The amounts provided by for, and respond to coronavirus, domestically such Act: Provided further, That funds appro-
this division and the amendments made by or internationally, prior to the date of enact- priated under this paragraph in this Act may
this division are designated as an emergency ment of this Act: Provided further, That such be transferred to, and merged with, the fund
requirement pursuant to section 4(g) of the amount is designated by the Congress as authorized by section 319F–4, the Covered
Statutory Pay-As-You-Go Act of 2010 (2 being for an emergency requirement pursu- Counter measure Process Fund, of the Public
U.S.C. 933(g)). ant to section 251(b)(2)(A)(i) of the Balanced Health Service Act: Provided further, That of
(b) DESIGNATION IN SENATE.—In the Senate, Budget and Emergency Deficit Control Act the amount appropriated under this para-
this division and the amendments made by of 1985. graph in this Act, not more than
this division are designated as an emergency BACK TO WORK CHILD CARE GRANTS $2,000,000,000, to remain available until Sep-
requirement pursuant to section 4112(a) of H. tember 30, 2022, shall be for activities to im-
For an additional amount for ‘‘Back to
Con. Res. 71 (115th Congress), the concurrent prove and sustain State medical stockpiles,
Work Child Care Grants’’, $10,000,000,000, to
resolution on the budget for fiscal year 2018. as described in the amendments made by sec-
remain available through September 30, 2021, tion 7002 of division A of this Act: Provided
DIVISION B—CORONAVIRUS RESPONSE to prevent, prepare for, and respond to further, That of the amount appropriated
ADDITIONAL SUPPLEMENTAL APPRO- coronavirus, domestically or internation- under this paragraph in this Act,
PRIATIONS ACT, 2020 ally, which shall be for activities to carry $20,000,000,000 shall be available to the Bio-
out Back to Work Child Care Grants as au- medical Advanced Research and Develop-
The following sums are hereby are appro- thorized by section 6101 of division A of this ment Authority for necessary expenses of
priated, out of any money in the Treasury Act: Provided, That such amount is des- manufacturing, production, and purchase, at
not otherwise appropriated, for the fiscal ignated by the Congress as being for an the discretion of the Secretary, of vaccines,
year ending September 30, 2020, and for other emergency requirement pursuant to section therapeutics, diagnostics, and small mol-
purposes, namely: 251(b)(2)(A)(i) of the Balanced Budget and ecule active pharmaceutical ingredients, in-
TITLE I Emergency Deficit Control Act of 1985. cluding the development, translation, and
DEPARTMENT OF HEALTH AND HUMAN OFFICE OF THE SECRETARY demonstration at scale of innovations in
SERVICES PUBLIC HEALTH AND SOCIAL SERVICES manufacturing platforms: Provided further,
PAYMENTS TO STATES FOR THE CHILD CARE AND EMERGENCY FUND That funds in the previous proviso may be
DEVELOPMENT BLOCK GRANT (INCLUDING TRANSFER OF FUNDS)
used for the construction or renovation of
U.S.-based next generation manufacturing
For an additional amount for ‘‘Payments For an additional amount for ‘‘Public facilities, other than facilities owned by the
to States for the Child Care and Develop- Health and Social Services Emergency United States Government: Provided further,
ment Block Grant’’, $5,000,000,000, to remain Fund’’, $31,000,000,000, to remain available That amounts provided in the eleventh pro-
available through September 30, 2021, to pre- until September 30, 2024, to prevent, prepare viso may be for necessary expenses related to
vent, prepare for, and respond to for, and respond to coronavirus, domestically the sustained on-shore manufacturing capac-
coronavirus, domestically or internation- or internationally, including the develop- ity for public health emergencies, as de-
ally, including for Federal administrative ment of necessary countermeasures and vac- scribed in the amendments made by section
expenses, which shall be used to supplement, cines, prioritizing platform-based tech- 7001 of division A of this Act: Provided fur-
not supplant State, Territory, and Tribal nologies with U.S.-based manufacturing ca- ther, That of the amount appropriated under
general revenue funds for child care assist- pabilities, the purchase of vaccines, thera- this paragraph in this Act, $6,000,000,000 shall
ance for low-income families within the peutics, diagnostics, necessary medical sup- be for activities to plan, prepare for, pro-
United States (including territories) without plies, as well as medical surge capacity, ad- mote, distribute, administer, monitor, and
regard to requirements in sections dressing blood supply chain, workforce mod- track coronavirus vaccines to ensure broad-
658E(c)(3)(D)–(E) or 658G of the Child Care ernization, telehealth access and infrastruc- based distribution, access, and vaccine cov-
and Development Block Grant Act: Provided, ture, initial advanced manufacturing, novel erage: Provided further, That the Secretary
That funds provided under this heading in dispensing, enhancements to the U.S. Com- shall coordinate funding and activities out-
this Act may be used to provide continued missioned Corps, and other preparedness and lined in the previous proviso through the Di-
payments and assistance to child care pro- response activities: Provided, That funds ap- rector of CDC: Provided further, That the Sec-
viders in the case of decreased enrollment or propriated under this paragraph in this Act retary, through the Director of CDC, shall
closures related to coronavirus, and to as- may be used to develop and demonstrate in- report to the Committees on Appropriations
sure they are able to remain open or reopen novations and enhancements to manufac- of the House of Representatives and the Sen-
as appropriate and applicable: Provided fur- turing platforms to support such capabili- ate within 60 days of enactment of this Act
ther, That States, Territories, and Tribes are ties: Provided further, That the Secretary of on a comprehensive coronavirus vaccine dis-
encouraged to place conditions on payments Health and Human Services shall purchase tribution strategy and spend plan that in-
to child care providers that ensure that child vaccines developed using funds made avail- cludes how existing infrastructure will be le-
care providers use a portion of funds received able under this paragraph in this Act to re- veraged, enhancements or new infrastructure
to continue to pay the salaries and wages of spond to an outbreak or pandemic related to that may be built, considerations for moving
staff: Provided further, That the Secretary coronavirus in quantities determined by the and storing vaccines, guidance for how
shall remind States that CCDBG State plans Secretary to be adequate to address the pub- States and health care providers should pre-
do not need to be amended prior to utilizing lic health need: Provided further, That prod- pare for, store, and administer vaccines, na-
existing authorities in the CCDBG Act for ucts purchased by the Federal government tionwide vaccination targets, funding that
the purposes provided herein: Provided fur- with funds made available under this para- will be distributed to States, how an infor-
ther, That States, Territories, and Tribes are graph in this Act, including vaccines, thera- mational campaign to both the public and
authorized to use funds appropriated under peutics, and diagnostics, shall be purchased health care providers will be executed, and
this heading in this Act to provide child care in accordance with Federal Acquisition Reg- how the vaccine distribution plan will focus
assistance to health care sector employees, ulation guidance on fair and reasonable pric- efforts on high risk, underserved, and minor-
emergency responders, sanitation workers, ing: Provided further, That the Secretary may ity populations: Provided further, That such
and other workers deemed essential during take such measures authorized under current plan shall be updated and provided to the
the response to coronavirus by public offi- law to ensure that vaccines, therapeutics, Committees on Appropriations of the House
cials, without regard to the income eligi- and diagnostics developed from funds pro- of Representatives and the Senate 90 days
bility requirements of section 658P(4) of such vided in this Act will be affordable in the after submission of the first plan: Provided
Act: Provided further, That funds appro- commercial market: Provided further, That in further, That the Secretary shall notify the
priated under this heading in this Act shall carrying out the previous proviso, the Sec- Committees on Appropriations of the House
be available to eligible child care providers retary shall not take actions that delay the of Representatives and the Senate 2 days in
under section 658P(6) of the CCDBG Act, even development of such products: Provided fur- advance of any obligation in excess of
if such providers were not receiving CCDBG ther, That the Secretary shall ensure that $50,000,000, including but not limited to con-
assistance prior to the public health emer- protections remain for individuals enrolled tracts and interagency agreements, from
gency as a result of the coronavirus and any in group or individual health care coverage funds provided in this paragraph in this Act:
renewal of such declaration pursuant to such with pre-existing conditions, including those Provided further, That funds appropriated
section 319, for the purposes of cleaning and linked to coronavirus: Provided further, That under this paragraph in this Act may be used
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sanitation, and other activities necessary to products purchased with funds appropriated for the construction, alteration, or renova-
maintain or resume the operation of pro- under this paragraph in this Act may, at the tion of non-federally owned facilities for the
grams: Provided further, That payments made discretion of the Secretary of Health and production of vaccines, therapeutics,
under this heading in this Act may be obli- Human Services, be deposited in the Stra- diagnostics, and medical supplies where the
gated in this fiscal year or the succeeding tegic National Stockpile under section 319F– Secretary determines that such a contract is
two fiscal years: Provided further, That funds 2 of the Public Health Service Act: Provided necessary to secure sufficient amounts of
appropriated under this heading in this Act further, That of the amount appropriated such supplies: Provided further, That the not
may be made available to restore amounts, under this paragraph in this Act, not more later than 30 days after enactment of this
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5977
Act, and every 30 days thereafter until funds tribe, or tribal organization receiving funds CARES Act (Public Law 116–136). The Sec-
are expended, the Secretary shall report to pursuant to this Act shall update their plans, retary shall award funds under this section
the Committees on Appropriations of the as applicable, for COVID–19 testing and con- to the Governor of each State with an ap-
House of Representatives and the Senate on tact tracing submitted to the Secretary pur- proved application within 30 calendar days of
uses of funding for Operation Warp Speed, suant to the Paycheck Protection Program enactment of this Act.
detailing current obligations by Department and Health Care Enhancement Act (Public (b) ALLOCATIONS.—The amount of each
or Agency, or component thereof broken out Law 116–139) and submit such updates to the grant under subsection (a) shall be allocated
by the coronavirus supplemental appropria- Secretary not later than 60 days after funds by the Secretary to each State as follows:
tions Act that provided the source of funds: appropriated in this paragraph in this Act (1) 60 percent on the basis of their relative
Provided further, That the plan outlined in have been awarded to such recipient: Pro- population of individuals aged 5 through 24.
the previous proviso shall include funding by vided further, That not later than 60 days (2) 40 percent on the basis of their relative
contract, grant, or other transaction in ex- after enactment, and every quarter there- number of children counted under section
cess of $20,000,000 with a notation of which after until funds are expended, the Governor 1124(c) of the Elementary and Secondary
Department or Agency, and component or designee of each State, locality, territory, Education Act of 1965 (referred to under this
thereof is managing the contract: Provided tribe, or tribal organization receiving funds heading as ‘‘ESEA’’).
further, That such amount is designated by shall report to the Secretary on uses of fund- (c) USES OF FUNDS.—Grant funds awarded
the Congress as being for an emergency re- ing, detailing current commitments and ob- under subsection (b) may be used to—
quirement pursuant to section 251(b)(2)(A)(i) ligations broken out by the coronavirus sup- (1) provide emergency support through
of the Balanced Budget and Emergency Def- plemental appropriations Act that provided grants to local educational agencies that the
icit Control Act of 1985. the source of funds: Provided further, That State educational agency deems have been
For an additional amount for ‘‘Public not later than 15 days after receipt of such most significantly impacted by coronavirus
Health and Social Services Emergency reports, the Secretary shall summarize and to support the ability of such local edu-
Fund’’, $16,000,000,000, to remain available report to the Committees on Appropriations cational agencies to continue to provide edu-
until September 30, 2022, to prevent, prepare of the House of Representatives and the Sen- cational services to their students and to
for, and respond to coronavirus, domestically ate on States’ commitments and obligations support the on-going functionality of the
or internationally, which shall be for nec- of funding: Provided further, That funds an local educational agency;
essary expenses for testing, contact tracing, entity receives from amounts described in (2) provide emergency support through
surveillance, containment, and mitigation to the first proviso in this paragraph may also grants to institutions of higher education
monitor and suppress COVID–19, including serving students within the State that the
be used for the rent, lease, purchase, acquisi-
tests for both active infection and prior ex- Governor determines have been most signifi-
tion, construction, alteration, renovation, or
posure, including molecular, antigen, and se- cantly impacted by coronavirus to support
equipping of non-federally owned facilities to
rological tests, the manufacturing, procure- the ability of such institutions to continue
improve coronavirus preparedness and re-
ment and distribution of tests, testing equip- to provide educational services and support
sponse capability at the State and local
ment and testing supplies, including per- the on-going functionality of the institution;
level: Provided further, That such amount is
sonal protective equipment needed for ad- and
designated by the Congress as being for an
ministering tests, the development and vali-
emergency requirement pursuant to section (3) provide support to any other institution
dation of rapid, molecular point-of-care
251(b)(2)(A)(i) of the Balanced Budget and of higher education, local educational agen-
tests, and other tests, support for workforce,
Emergency Deficit Control Act of 1985. cy, or education related entity within the
epidemiology, to scale up academic, commer-
DEPARTMENT OF EDUCATION State that the Governor deems essential for
cial, public health, and hospital laboratories,
carrying out emergency educational services
to conduct surveillance and contact tracing, EDUCATION STABILIZATION FUND
to students for authorized activities de-
support development of COVID–19 testing For an additional amount for ‘‘Education
scribed in section 103(e) of this title, the
plans, and other related activities related to Stabilization Fund’’, $105,000,000,000, to re-
ESEA of 1965, the Higher Education Act of
COVID–19 testing: Provided, That of the main available through September 30, 2021,
1965, the provision of child care and early
amount appropriated under this paragraph in to prevent, prepare for, and respond to
this Act, not less than $15,000,000,000 shall be childhood education, social and emotional
coronavirus, domestically or internation-
for States, localities, territories, tribes, trib- support, career and technical education,
ally: Provided, That such amount is des-
al organizations, urban Indian health organi- adult education, and the protection of edu-
ignated by the Congress as being for an
zations, or health service providers to tribes cation-related jobs.
emergency requirement pursuant to section (d) REALLOCATION.—Each Governor shall
for necessary expenses for testing, contact 251(b)(2)(A)(i) of the Balanced Budget and
tracing, surveillance, containment, and miti- return to the Secretary any funds received
Emergency Deficit Control Act of 1985. under this section that the Governor does
gation, including support for workforce, epi- GENERAL PROVISIONS
demiology, use by employers, elementary not award within 6 months of receiving such
and secondary schools, child care facilities,
EDUCATION STABILIZATION FUND funds and the Secretary shall reallocate such
institutions of higher education, long-term SEC. 101. (a) ALLOCATIONS.—From the funds to the remaining States in accordance
care facilities, or in other settings, scale up amount made available under this heading in with subsection (b).
of testing by public health, academic, com- this Act to carry out the Education Sta- (e) REPORT.—A Governor receiving funds
mercial, and hospital laboratories, and com- bilization Fund, the Secretary shall first al- under this section shall submit a report to
munity-based testing sites, health care fa- locate— the Secretary, not later than 6 months after
cilities, and other entities engaged in (1) not more than one half of 1 percent to receiving funding provided in this Act, in
COVID–19 testing, and other related activi- the outlying areas on the basis of the terms such manner and with such subsequent fre-
ties related to COVID–19 testing, contact and conditions for funding provided under quency as the Secretary may require, that
tracing, surveillance, containment, and miti- this heading in the Coronavirus Aid, Relief, provides a detailed accounting of the use of
gation: Provided further, That the amount and Economic Security (CARES) Act (Public funds provided under this section.
provided in the preceding proviso under this Law 116–136); and ELEMENTARY AND SECONDARY SCHOOL
paragraph in this Act shall be made avail- (2) one-half of 1 percent for the Secretary EMERGENCY RELIEF FUND
able within 30 days of the date of enactment of the Interior for programs operated or SEC. 103. (a) GRANTS.—From funds reserved
of this Act: Provided further, That the funded by the Bureau of Indian Education, under section 101(b)(2) of this title, the Sec-
amount identified in the first proviso under under the terms and conditions established retary shall make supplemental elementary
this paragraph in this Act shall be allocated for funding provided under this heading in and secondary school emergency relief
to States, localities, and territories accord- the CARES Act (Public Law 116–136). grants to each State educational agency
ing to the formula that applied to the Public (b) RESERVATIONS.—After carrying out sub- with an approved application under section
Health Emergency Preparedness cooperative section (a), the Secretary shall reserve the 18003 of division B of the CARES Act (Public
agreement in fiscal year 2019: Provided fur- remaining funds made available as follows: Law 116–136). The Secretary shall award
ther, That not less than $500,000,000 shall be (1) 5 percent to carry out section 102 of this funds under this section to each State edu-
allocated in coordination with the Director title. cational agency with an approved applica-
of the Indian Health Service, to tribes, tribal (2) 67 percent to carry out section 103 of tion within 15 calendar days of enactment of
organizations, urban Indian health organiza- this title. this Act.
tions, or health service providers to tribes: (3) 28 percent to carry out section 104 of (b) ALLOCATIONS TO STATES.—The amount
Provided further, That the Secretary of this title. of each grant under subsection (a) shall be
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Health and Human Services (referred to in GOVERNOR’S EMERGENCY EDUCATION RELIEF allocated by the Secretary to each State in
this paragraph as the ‘‘Secretary’’) may sat- FUND the same proportion as each State received
isfy the funding thresholds outlined in the SEC. 102. (a) GRANTS.—From funds reserved under part A of title I of the ESEA of 1965 in
first and fourth provisos under this para- under section 101(b)(1) of this title, the Sec- the most recent fiscal year.
graph in this Act by making awards through retary shall make supplemental Emergency (c) SUBGRANTS.—From the payment pro-
other grant or cooperative agreement mech- Education Relief grants to the Governor of vided by the Secretary under subsection (b),
anisms: Provided further, That the Governor each State with an approved application the State educational agency may provide
or designee of each State, locality, territory, under section 18002 of division B of the services and assistance to local educational
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S5978 CONGRESSIONAL RECORD — SENATE September 30, 2020
agencies and non-public schools, consistent flexible schedules to keep children in iso- al, and territorial public health departments,
with the provisions of this title. After car- lated groups, purchasing box lunches so that and other relevant agencies, to improve co-
rying out the reservation of funds in section children can eat in their classroom, pur- ordinated responses among such entities to
105 of this title, each State shall allocate not chasing physical barriers, providing addi- prevent, prepare for, and respond to
less than 90 percent of the remaining grant tional transportation services, repurposing coronavirus.
funds awarded to the State under this sec- existing school rooms and space, and improv- (C) Providing principals and others school
tion as subgrants to local educational agen- ing ventilation systems. leaders with the resources necessary to ad-
cies (including charter schools that are local (B) Developing and implementing proce- dress the needs of their individual schools.
educational agencies) in the State in propor- dures and systems to improve the prepared- (D) Providing additional services to ad-
tion to the amount of funds such local edu- ness and response efforts of local educational dress the unique needs of low-income chil-
cational agencies and charter schools that agencies or non-public schools including co- dren or students, children with disabilities,
are local educational agencies received under ordination with State, local, Tribal, and ter- English learners, racial and ethnic minori-
part A of title I of the ESEA of 1965 in the ritorial public health departments, and other ties, students experiencing homelessness,
most recent fiscal year. The State edu- relevant agencies, to improve coordinated and foster care youth, including how out-
cational agency shall make such subgrants responses among such entities to prevent, reach and service delivery will meet the
to local educational agencies as follows— prepare for, and respond to coronavirus. needs of each population.
(1) one-third of funds shall be awarded not (C) Providing principals and other school (E) Training and professional development
less than 15 calendar days after receiving an leaders with the resources necessary to ad- for staff of the local educational agency or
award from the Secretary under this section; dress the needs of their individual schools di- non-public school on sanitation and mini-
and rectly related to coronavirus. mizing the spread of infectious diseases.
(2) the remaining two-thirds of funds shall (D) Providing additional services to ad- (F) Purchasing supplies to sanitize, clean,
be awarded only after the local educational dress the unique needs of low-income chil- and disinfect the facilities of a local edu-
agency submits to the Governor and the dren or students, children with disabilities, cational agency or non-public school, includ-
Governor approves a comprehensive school English learners, racial and ethnic minori- ing buildings operated by such agency.
reopening plan for the 2020–2021 school-year, ties, students experiencing homelessness, (G) Purchasing educational technology (in-
based on criteria determined by the Gov- and foster care youth, including how out- cluding hardware, software, and
ernor in consultation with the State edu- reach and service delivery will meet the connectivity) for students who are served by
cational agency (including criteria for the needs of each population. the local educational agency or non-public
Governor to carry out subparagraph (A) (E) Training and professional development school that aids in regular and substantive
through (C)), that describes how the local for staff of the local educational agency or educational interaction between students
educational agency will safely reopen non-public school on sanitation and mini- and their classroom instructors, including
schools with the physical presence of stu- mizing the spread of infectious diseases. low-income students and students with dis-
dents, consistent with maintaining safe and (F) Purchasing supplies to sanitize, clean, abilities, which may include assistive tech-
continuous operations aligned with chal- and disinfect the facilities of a local edu- nology or adaptive equipment.
lenging state academic standards. The Gov- cational agency or non-public school, includ- (H) Expanding healthcare and other health
ernor shall approve such plans within 30 days ing buildings operated by such agency. services (including mental health services
after the plan is submitted, subject to the re- (G) Planning for and coordinating during and supports), including for children at risk
quirements in subparagraphs (A) through long-term closures, including for how to pro- of abuse or neglect.
(C). vide meals to eligible students, how to pro- (I) Planning and implementing activities
(A) A local educational agency that pro- vide technology for online learning to all related to summer learning and supple-
vides in-person instruction for at least 50 students, how to provide guidance for car- mental afterschool programs, including pro-
percent of its students where the students rying out requirements under the Individuals
viding classroom instruction during the sum-
physically attend school no less than 50 per- with Disabilities Education Act (20 U.S.C.
mer months and addressing the needs of low-
cent of each school-week, as it was defined 1401 et seq.) and how to ensure other edu-
income students, students with disabilities,
by the local educational agency prior to the cational services can continue to be provided
English learners, migrant students, students
coronavirus emergency, shall have its plan consistent with all Federal, State, and local
experiencing homelessness, and children in
automatically approved. requirements.
foster care.
(B) A local educational agency that does (H) Purchasing educational technology (in- (f) STATE FUNDING.—With funds not other-
not provide in-person instruction to any stu- cluding hardware, software, and wise allocated or reserved under this section,
dents where the students physically attend connectivity) for students who are served by a State may reserve not more than 1/2 of 1
school in-person shall not be eligible to re- the local educational agency or non-public percent of its grant under this section for ad-
ceive a subgrant under paragraph (2). school that aids in regular and substantive ministrative costs and the remainder for
(C) A local educational agency that pro- educational interaction between students emergency needs as determined by the State
vides in-person instruction to at least some and their classroom instructors, including educational agency to address issues re-
students where the students physically at- low-income students and students with dis- sponding to coronavirus, which may be ad-
tend school in-person but does not satisfy abilities, which may include assistive tech- dressed through the use of grants or con-
the requirements in subparagraph (A) shall nology or adaptive equipment. tracts.
have its allocation reduced on a pro rata (I) Expanding healthcare and other health (g) ASSURANCES.—A State, State edu-
basis as determined by the Governor. services (including mental health services cational agency, or local educational agency
(d) PLAN CONTENTS.—A school reopening and supports), including for children at risk receiving funding under this section shall
plan submitted to a Governor under sub- of abuse or neglect. provide assurances, as applicable, that:
section (c)(2) shall include, in addition to (J) Planning and implementing activities (1) A State, State educational agency, or
any other information necessary to meet the related to summer learning and supple- local educational agency will maintain and
criteria determined by the Governor— mental afterschool programs, including pro- expand access to high-quality schools, in-
(1) A detailed timeline for when the local viding classroom instruction or online learn- cluding high-quality public charter schools,
educational agency will provide in-person in- ing during the summer months and address- and will not—
struction, including the goals and criteria ing the needs of low-income students, stu- (A) enact policies to close or prevent the
used for providing full-time in-person in- dents with disabilities, English learners, mi- expansion of such schools to address revenue
struction to all students; grant students, students experiencing home- shortfalls that result in the disproportionate
(2) A description of how many days of in- lessness, and children in foster care. closure or denial of expansion of public char-
person instruction per calendar week the (2) A local educational agency that re- ter schools that are otherwise meeting the
local educational agency plans to offer to ceives funds under subsection (c)(2) may use terms of their charter for academic achieve-
students during the 2020–2021 school year; the funds for activities to carry out a com- ment; or
and prehensive school reopening plan as de- (B) disproportionally reduce funding to
(3) An assurance that the local educational scribed in this section, including: charter schools or otherwise increase fund-
agency will offer students as much in-person (A) Purchasing personal protective equip- ing gaps between charter schools and other
instruction as is safe and practicable, con- ment, implementing flexible schedules to public schools in the local educational agen-
sistent with maintaining safe and contin- keep children in isolated groups, purchasing cy.
uous operations aligned with challenging box lunches so that children can eat in their (2) Allocations of funding and services pro-
state academic standards. classroom, purchasing physical barriers, pro-
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vided from funds provided in this section to
(e) USES OF FUNDS.— viding additional transportation services, public charter schools are made on the same
(1) A local educational agency or non-pub- repurposing existing school rooms and space, basis as is used for all public schools, con-
lic school that receives funds under sub- and improving ventilation systems. sistent with state law and in consultation
section (c)(1) or section 105 may use funds for (B) Developing and implementation of pro- with charter school leaders.
any of the following: cedures and systems to improve the pre- (h) REPORT.—A State receiving funds under
(A) Activities to support returning to in- paredness and response efforts of local edu- this section shall submit a report to the Sec-
person instruction, including purchasing per- cational agencies or non-public schools, in- retary, not later than 6 months after receiv-
sonal protective equipment, implementing cluding coordination with State, local, Trib- ing funding provided in this Act, in such
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5979
manner and with such subsequent frequency the most recent fiscal year and the total graph that were previously designated by the
as the Secretary may require, that provides number of Pell Grant recipients at all such Congress as an emergency requirement pur-
a detailed accounting of the use of funds pro- institutions; suant to the Balanced Budget and Emer-
vided under this section. (ii) 20 percent according to a ratio equiva- gency Deficit Control Act of 1985 are des-
(i) REALLOCATION.—A State shall return to lent to the total number of students enrolled ignated by the Congress as an emergency re-
the Secretary any funds received under this at such institution at the end of the school quirement pursuant to section 251(b)(2)(A)(i)
section that the State does not award within year preceding the beginning of that fiscal of the Balanced Budget and Emergency Def-
4 months of receiving such funds and the year and the number of students enrolled at icit Control Act of 1985.
Secretary shall deposit such funds into the all such institutions; and (3) No funds received by an institution of
general fund of the Treasury. (iii) 10 percent according to a ratio equiva- higher education under this section shall be
(j) RULE OF CONSTRUCTION.— lent to the total endowment size at all eligi- used to fund contractors for the provision of
(1) The receipt of any funds authorized or ble institutions at the end of the school year pre-enrollment recruitment activities; en-
appropriated under this section, including preceding the beginning of that fiscal year dowments; or capital outlays associated with
pursuant to section 105 of this Act, by a non- and the total endowment size at such insti- facilities related to athletics, sectarian in-
profit entity, or by any individual who has tutions; struction, or religious worship.
been admitted or applied for admission to (B) For eligible institutions under section (4) An institution of higher education that
such entity (or any parent or guardian of 326 of the Higher Education Act, the Sec- was required to remit payment to the Inter-
such individual), shall not be construed to retary shall allot to each eligible institution nal Revenue Service for the excise tax based
render such entity or person a recipient of an amount in proportion to the award re- on investment income of private colleges and
Federal financial assistance for any purpose, ceived from funding for such institutions in universities under section 4968 of the Inter-
nor shall any such person or entity be re- the Further Consolidated Appropriations nal Revenue Code of 1986 for tax year 2019
quired to make any alteration to its existing Act, 2020 (Public Law 116–94); shall have their allocation under this section
programs, facilities, or employment prac- (C) For eligible institutions under section reduced by 50 percent and may only use
tices except as required under this section. 316 of the Higher Education Act, the Sec- funds for activities described in paragraph
(2) No State participating in any program retary shall allot funding according to the (c)(2). This paragraph shall not apply to an
under this section, including pursuant to formula in section 316(d)(3) of the Higher institution of higher education designated by
section 105 of this Act, shall impose any pen- Education Act; and the Secretary as an eligible institution
alty or additional requirement upon, or oth- (D) Notwithstanding section 318(f) of the under section 448 of the Higher Education
erwise disadvantage, such entity or person as Higher Education Act, for eligible institu- Act of 1965.
a consequence or condition of its receipt of tions under section 318 of the Higher Edu- (e) REPORT.—An institution receiving
such funds. cation Act, the Secretary shall allot funding funds under this section shall submit a re-
(3) No State participating in any program according to the formula in section 318(e) of port to the Secretary, not later than 6
under this section shall authorize any person the Higher Education Act. months after receiving funding provided in
or entity to use any funds authorized or ap- (3) 5 percent for grants to institutions of this Act, in such manner and with such sub-
propriated under this section, including pur- higher education that the Secretary deter- sequent frequency as the Secretary may re-
suant to section 105 of this Act, except as mines, through an application process and quire, that provides a detailed accounting of
provided by subsection (e), nor shall any after allocating funds under paragraphs the use of funds provided under this section.
such State impose any limits upon the use of 104(a)(1) and (2) of this Act, have the greatest (f) REALLOCATION.—Any funds allocated to
any such funds except as provided by sub- unmet needs related to coronavirus. In an institution of higher education under this
section (e). awarding funds to institutions of higher edu- section on the basis of a formula described in
HIGHER EDUCATION EMERGENCY RELIEF FUND cation under this paragraph the Secretary subsection (a)(1) or (a)(2) but for which an in-
shall prioritize institutions of higher edu- stitution does not apply for funding within
SEC. 104. (a) IN GENERAL.—From funds re-
cation— 60 days of the publication of the notice invit-
served under section 101(b)(3) of this title the
(A) described under title I of the Higher ing applications, shall be reallocated to eli-
Secretary shall allocate amounts as follows:
Education Act of 1965 that were not eligible gible institutions that had submitted an ap-
(1) 85 percent to each institution of higher
to receive an award under section 104(a)(1) of plication by such date.
education described in section 101 or section
this title, including institutions described in ASSISTANCE TO NON-PUBLIC SCHOOLS
102(c) of the Higher Education Act of 1965 to
section 102(b) of the Higher Education Act of
prevent, prepare for, and respond to SEC. 105. (a) FUNDS AVAILABILITY.—From
1965; and
coronavirus, by apportioning it— the payment provided by the Secretary
(B) that otherwise demonstrate significant
(A) 90 percent according to the relative under section 103 of this title to a State edu-
needs related to coronavirus that were not
share of full-time equivalent enrollment of cational agency, the State educational agen-
addressed by funding allocated under sub-
Federal Pell Grant recipients who were not cy shall reserve an amount of funds equal to
sections (a)(1) or (a)(2) of this section.
exclusively enrolled in distance education (b) DISTRIBUTION.—The funds made avail- the percentage of students enrolled in non-
courses prior to the coronavirus emergency; able to each institution under subsection public elementary and secondary schools in
and (a)(1) shall be distributed by the Secretary the State prior to the coronavirus emer-
(B) 10 percent according to the relative using the same systems as the Secretary gency. Upon reserving funds under this sec-
share of full-time equivalent enrollment of otherwise distributes funding to each insti- tion, the Governor of the State may award
students who were not Federal Pell Grant re- tution under title IV of the Higher Edu- subgrants—
cipients who were not exclusively enrolled in cation Act of 1965 (20 U.S.C. 1001 et seq.). (1) to eligible scholarship-granting organi-
distance education courses prior to the (c) USES OF FUNDS.—An institution of high- zations for carrying out section 6001 of divi-
coronavirus emergency. er education receiving funds under this sec- sion A of this Act; and
(2) 10 percent for additional awards under tion may use the funds received to: (2) to non-public schools accredited or oth-
parts A and B of title III, parts A and B of (1) defray expenses associated with erwise located in and licensed to operate in
title V, and subpart 4 of part A of title VII coronavirus (including lost revenue, reim- the State based on the number of students
of the Higher Education Act to address needs bursement for expenses already incurred, enrolled in the non-public school prior to the
directly related to coronavirus, that shall be technology costs associated with a transi- coronavirus emergency, subject to the re-
in addition to awards made in section tion to distance education, faculty and staff quirements in subsection (b).
104(a)(1) of this title, and allocated by the trainings, and payroll); and (b)(1) A non-public school that provides in-
Secretary proportionally to such programs (2) provide financial aid grants to students person instruction for at least 50 percent of
based on the relative share of funding appro- (including students exclusively enrolled in its students where the students physically
priated to such programs in the Further Con- distance education), which may be used for attend school no less than 50 percent of each
solidated Appropriations Act, 2020 (Public any component of the student’s cost of at- school-week, as determined by the non-pub-
Law 116–94) and distributed to eligible insti- tendance or for emergency costs that arise lic school prior to the coronavirus emer-
tutions of higher education, except as other- due to coronavirus. gency, shall be eligible for the full amount of
wise provided in subparagraphs (A)–(D), on (d) SPECIAL PROVISIONS.— assistance per student as prescribed under
the basis of the formula described in section (1) A Historically Black College and Uni- this section.
104(a)(1) of this title: versity or a Minority Serving Institution (2) A non-public school that does not pro-
(A) Except as otherwise provided in sub- may use prior awards provided under titles vide in-person instruction to any students
paragraph (B), for eligible institutions under III, V, and VII of the Higher Education Act where the students physically attend school
SSpencer on DSK126QN23PROD with SENATE
part B of title III and subpart 4 of part A of to prevent, prepare for, and respond to in-person shall only be eligible for one-third
title VII of the Higher Education Act, the coronavirus. of the amount of assistance per student as
Secretary shall allot to each eligible institu- (2) An institution of higher education re- prescribed under this section.
tion an amount using the following formula: ceiving funds under section 18004 of division (3) A non-public school that provides in-
(i) 70 percent according to a ratio equiva- B of the CARES Act (Public Law 116–136) person instruction to at least some students
lent to the number of Pell Grant recipients may use those funds under the terms and where the students physically attend school
in attendance at such institution at the end conditions of section 104(c) of this Act. in-person but does not satisfy the require-
of the school year preceding the beginning of Amounts repurposed pursuant to this para- ments in paragraph (1) shall have its amount
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S5980 CONGRESSIONAL RECORD — SENATE September 30, 2020
of assistance as prescribed under this section and poultry depopulated due to insufficient Emergency Deficit Control Act of 1985 and
reduced on a pro rata basis, which shall be processing access and growers who produce subsequently so designated by the President,
calculated using the same methodology as is livestock or poultry under a contract for an- and transferred pursuant to transfer authori-
used under section 103(c)(2)(C) of this title. other entity: Provided, That such amount is ties provided by this Act shall retain such
(c) A Governor shall allocate not less than designated by the Congress as being for an designation.
50 percent of the funds reserved in this sec- emergency requirement pursuant to section BUDGETARY EFFECTS
tion to non-public schools or eligible schol- 251(b)(2)(A)(i) of the Balanced Budget and SEC. 407. (a) STATUTORY PAYGO SCORE-
arship-granting organizations within 30 days Emergency Deficit Control Act of 1985. CARDS.—The budgetary effects of this divi-
of receiving an award from the Secretary and TITLE III sion shall not be entered on either PAYGO
the remaining 50 percent not less than 4 scorecard maintained pursuant to section
DEPARTMENT OF COMMERCE
months after receiving an award from the 4(d) of the Statutory Pay As-You-Go Act of
Secretary. FISHERIES DISASTER ASSISTANCE
2010.
CONTINUED PAYMENT TO EMPLOYEES For an additional amount for ‘‘Fisheries (b) SENATE PAYGO SCORECARDS.—The
Disaster Assistance’’, $500,000,000, to remain budgetary effects of this division shall not be
SEC. 106. A local educational agency, State,
available until September 30, 2021, to pre- entered on any PAYGO scorecard maintained
institution of higher education, or other en-
vent, prepare for, and respond to for purposes of section 4106 of H. Con. Res. 71
tity that receives funds under ‘‘Education
coronavirus, domestically or internation- (115th Congress).
Stabilization Fund’’, shall to the greatest ex-
ally, which shall be for activities authorized (c) CLASSIFICATION OF BUDGETARY EF-
tent practicable, continue to pay its employ-
under section 12005 of the Coronavirus Aid, FECTS.—Notwithstanding Rule 3 of the Budg-
ees and contractors during the period of any
Relief, and Economic Security Act (Public et Scorekeeping Guidelines set forth in the
disruptions or closures related to
Law 116–136): Provided, That the formula pre- joint explanatory statement of the com-
coronavirus.
scribed by the Secretary of Commerce to al- mittee of conference accompanying Con-
DEFINITIONS locate the amount provided under this head- ference Report 105–217 and section 250(c)(7)
SEC. 107. Except as otherwise provided in ing in this Act shall be divided proportion- and (c)(8) of the Balanced Budget and Emer-
sections 101–106 of this title, as used in such ally to States, Tribes, and territories and gency Deficit Control Act of 1985, the budg-
sections— shall be the same as the formula used for etary effects of this division shall be esti-
(1) the terms ‘‘elementary education’’ and funds appropriated under section 12005 of mated for purposes of section 251 of such Act.
‘‘secondary education’’ have the meaning Public Law 116–136, but shall be calculated to (d) ENSURING NO WITHIN-SESSION SEQUES-
given such terms under State law; also evenly weight the 5-year total annual TRATION.—Solely for the purpose of calcu-
(2) the term ‘‘institution of higher edu- average domestic landings for each State, lating a breach within a category for fiscal
cation’’ has the meaning given such term in Tribe, and territory: Provided further, That year 2020 pursuant to section 251(a)(6) or sec-
title I of the Higher Education Act of 1965 (20 the amount provided under this heading in tion 254(g) of the Balanced Budget and Emer-
U.S.C. 1001 et seq.); this Act shall only be allocated to States of gency Deficit Control Act of 1985, and not-
(3) the term ‘‘Secretary’’ means the Sec- the United States in, or bordering on, the withstanding any other provision of this di-
retary of Education; Atlantic, Pacific, or Arctic Ocean, or the vision, the budgetary effects from this divi-
(4) the term ‘‘State’’ means each of the 50 Gulf of Mexico, as well as to Puerto Rico, the sion shall be counted as amounts designated
States, the District of Columbia, and the Virgin Islands, Guam, the Commonwealth of as being for an emergency requirement pur-
Commonwealth of Puerto Rico; the Northern Mariana Islands, American suant to section 251(b)(2)(A) of such Act.
(5) the term ‘‘cost of attendance’’ has the Samoa, Federally Recognized Tribes on the This division may be cited as the
meaning given such term in section 472 of West Coast, and Federally Recognized Tribes ‘‘Coronavirus Response Additional Supple-
the Higher Education Act of 1965. in Alaska: Provided further, That no State, mental Appropriations Act, 2020’’.
(6) the term ‘‘Non-public school’’ means a Tribe, or territory shall receive a total
non-public elementary and secondary school amount in a fiscal year that is from amounts By Ms. HIRONO (for herself, Mr.
that (A) is accredited, licensed, or otherwise provided under either section 12005 of Public BROWN, Mrs. MURRAY, Mr.
operates in accordance with State law; and Law 116–136 or amounts provided under this SANDERS, Ms. DUCKWORTH, Mr.
(B) was in existence prior to the date of the heading in this Act that exceeds that State, SCHATZ, Mr. CARDIN, and Ms.
qualifying emergency for which grants are Tribe, or territory’s total annual average WARREN):
awarded under this section; revenue from commercial fishing operations, S. 4777. A bill to restore leave lost by
(7) the term ‘‘public school’’ means a pub- aquaculture firms, the seafood supply chain,
lic elementary or secondary school; and
Federal employees during certain pub-
and charter fishing businesses: Provided fur-
(8) any other term used that is defined in ther, That such amount is designated by the lic health emergencies, and for other
section 8101 of the Elementary and Sec- Congress as being for an emergency require- purposes; to the Committee on Home-
ondary Education Act of 1965 (20 U.S.C. 7801) ment pursuant to section 251(b)(2)(A)(i) of land Security and Governmental Af-
shall have the meaning given the term in the Balanced Budget and Emergency Deficit fairs.
such section. Control Act of 1985. Ms. HIRONO. Mr. President, today I
GENERAL PROVISION—THIS TITLE TITLE IV rise to introduce a bill that provides
SEC. 108. Not later than 30 days after the GENERAL PROVISIONS—THIS ACT fairness to our Federal employees who
date of enactment of this Act, the Secre- SEC. 401. Each amount appropriated or work day in and day out to help the
taries of Health and Human Services and made available by this Act is in addition to government function and serve the
Education shall provide a detailed spend amounts otherwise appropriated for the fis- public. The importance of their role
plan of anticipated uses of funds made avail- cal year involved. has become even more apparent as our
able in this title, including estimated per- SEC. 402. No part of any appropriation con-
sonnel and administrative costs, to the Com-
Nation continues to suffer in the midst
tained in this Act shall remain available for of a global pandemic.
mittees on Appropriations of the House of obligation beyond the current fiscal year un-
Representatives and the Senate: Provided, In a normal year, the average Fed-
less expressly so provided herein.
That such plans shall be updated and sub- SEC. 403. Unless otherwise provided for by eral employee can accumulate up to 240
mitted to such Committees every 60 days this Act, the additional amounts appro- hours, or 30 days, of annual leave. At
until September 30, 2024: Provided further, priated by this Act to appropriations ac- the end of the year, if a Federal em-
That the spend plans shall be accompanied counts shall be available under the authori- ployee has more than 240 hours, they
by a listing of each contract obligation in- ties and conditions applicable to such appro- either have to use the amount of leave
curred that exceeds $5,000,000 which has not priations accounts for fiscal year 2020. over 240 hours or lose it. These excess
previously been reported, including the SEC. 404. In this Act, the term
amount of each such obligation.
hours are commonly known as ‘‘use or
‘‘coronavirus’’ means SARS–CoV–2 or an-
other coronavirus with pandemic potential.
lose’’ leave.
TITLE II
SEC. 405. Each amount designated in this But these are not normal times. We
DEPARTMENT OF AGRICULTURE are in the middle of a global pandemic
Act by the Congress as being for an emer-
AGRICULTURAL PROGRAMS and we have a President who lies about
gency requirement pursuant to section
OFFICE OF THE SECRETARY 251(b)(2)(A)(i) of the Balanced Budget and how dangerous this virus is and does
For an additional amount for the ‘‘Office of Emergency Deficit Control Act of 1985 shall little to address the severity of it. We
SSpencer on DSK126QN23PROD with SENATE
the Secretary’’, $20,000,000,000, to remain be available (or rescinded or transferred, if see the results, nearly seven million
available until expended, to prevent, prepare applicable) only if the President subse- people in the United States have con-
for, and respond to coronavirus by providing quently so designates all such amounts and
tracted COVID–19 and more than 200,000
support for agricultural producers, growers, transmits such designations to the Congress.
and processors impacted by coronavirus, in- SEC. 406. Any amount appropriated by this have died. The United States now has
cluding producers, growers, and processors of Act, designated by the Congress as an emer- the unenviable distinction of being the
specialty crops, non-specialty crops, dairy, gency requirement pursuant to section Nation with the most COVID–19 cases
livestock and poultry, including livestock 251(b)(2)(A)(i) of the Balanced Budget and and the most deaths.
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